Legal Question in Discrimination Law in Maryland

Age discrimination

Many of us were laid off due to downsizing. The majority of us were in our fifties or near it.This occured in Dec. 96. I had 27+ years and needed only 2 more years to get max. retirement.I'm thinking of proceding with this, Do I have a chance and am I too late? Thank you,


Asked on 4/05/98, 12:39 pm

3 Answers from Attorneys

Benjamin Lookofsky Benjamin J. Lookofsky

age discrimination

too late

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Answered on 4/16/98, 9:37 pm
Jonathan Schiff Self employed

laid off in 1996

I am afraid you probably are at least if you are proceeding under the federal age discrimination statute. But you might check with a local attorney in any event. Because often there are other avenues (contract for instance) that may last longer. I don't know enough about your employment situation to know.

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Answered on 4/16/98, 10:17 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Check your state antidiscrimination statute of limitations

The federal statutes require filing an administrative charge within 180 days. However, one of the other attorneys who replied mentioned a contract claim. That may be possible given the length of your job. Your state may also consider, for instance, an employee handbook, as an indice of a contract. Some states do, some don't. In Mass, there are concerted efforts being made to change the 180 day limitation to 3 years to be consistent with a tort claim. The courage to seek the change arose out of the language in a recent case that compared a discrimination case with a tort case. I do not know what has happened in yur state. You MUST MUST MUST consult a local attorney. Very often there is more than one way to find a remedy. And very very often they are fact dependent. So consultation with a lawyer is really quite important. Preferably one who has experience in this area of law. You might also conceivably have a possible cause of action for interference with an advantageous business relationship. So don't hesitate to consult an atty. I would not wait any longer. Two years in some eyes is too long a period to have waited. Good luck!

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Answered on 4/16/98, 11:50 pm


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