Legal Question in Employment Law in Pennsylvania

Age Discrimination

My husband was recently discharged from his company. He worked there 10 years, and always had glowing reviews. Then, out of the blue (they gave him NO warning, NO prior reprimands), just BAM - you're outta here. The excuses they gave him were all lies. When my husband asked for evidence, they had none. When he asked to present his side, they gave him no opportunity. My husband is 46, and the company has recently been hiring workers half his age paying half his salary.

He JUST got his three weeks vacation, and the company JUST recently started adding funds to his 401(k) plan. He recalls hearing the bosses complain about the workers reaching 10 years and the extra week vacation they had to pay out (company policy - 3 weeks vacation after 10 years of service.)

We believe he has been discriminated against. What's out next step?


Asked on 7/14/99, 1:16 am

1 Answer from Attorneys
Patrick Henigan Eckell Sparks

Re: Age Discrimination

Go to a lawyer who will review all of the facts with you. Is there a written contract? A termination for cause only policy? The lawyer will then direct you to the local office of the EEOC or State Human Relations Commision and should accompany your husband when he gives his claim. The issue of termination after benefits vested may raise issues of ERISA compliance that need to be investigated. The issues you face are complicated and PA is very much an employer friendly state. If you are in Eastern PA, contact me if you wish a no obligation consultation.

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Answered on 7/19/99, 6:22 pm


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