Legal Question in Civil Rights Law in New Mexico

i was forced to retire because of a policy violation.in my dept there as been at least 20-35 induviduals commit the same policy violation some while on probation i was told since i have the time and age to retire i should retire or be terminated iam 44y/o all the other violators are in there late 20s early 30s i filled a charge with the eeoc for age discrimanation the set it up for medeation in mid Oct. i was never given my due process rights i was forced to retire in 48hrs or be termanated i was just months away from collecting longevity a benifit i think i earned with over 20yrs in the dept.do you think i have a good case.


Asked on 9/09/09, 12:59 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Yes, there is a potential case there for age discrimination. Possibly other kinds of discrimination, as well, However, the fact that you voluntarily retired is a problem. I would want to see what document(s) you signed to retire. It would have been far better for you to consult an attorney FIRST, and then with advice of counsel decide whether you were truly "forced" to accept retirement.

D. Montoya

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Answered on 9/19/09, 5:29 pm


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