Legal Question in Employment Law in Florida

Termination after 40

Are there any laws in place pertaining to job termination after 40?


Asked on 12/10/03, 8:18 pm

3 Answers from Attorneys

Re: Termination after 40

The federal law is the Age Discrimination in Employment Act. In general, you must prove that you were fired or otherwise discriminated against because of your age. So, if the employer has a legitimate reason for its actions, such as a broad layoff to cut costs, that generally is not discrimination unless you can show that a diproportionate amount of older workers were affected and there was no legitimate business reason.

There are also state and local human rights laws that grant older workers the same protection.

In any case, it is a tough case to make and win.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 12/11/03, 10:42 am
Keith Stern Shavitz Law Group

Re: Termination after 40

Yes, the Age Discrimination in Employment Act (ADEA) of 1967 prohibits employers from discharging or otherwise discriminating against an individual because of their age. For further assistance, please feel free to contact me at (305) 755-9441.

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Answered on 12/11/03, 11:44 am

Re: Termination after 40

The ADEA is a federal law that protects employees over 40 years of age from discrimination in hiring, firing, as well as, from employer actions that adversly affect the terms and conditions of their employment. You may get more information on this law from the EEOC web site at www.eeoc.gov.

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Answered on 12/11/03, 8:00 pm


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