Legal Question in Employment Law in Pennsylvania
age discrimination
I am a 53 year old Plant Manager with a great track record with my present employer. Our business has fallen on hard times due to the economy and foreign competition. I believe that I am about to be terminated and replaced by a younger manager under the guise of ''reorganization''. I have been an employee of my current firm since March of 1997. Do I have any hope of winning a wrongful termination suit on the basis of age discrimination?
1 Answer from Attorneys
Re: age discrimination
You may have a very good chance of prevailing in an age discrimination suit. The law provides that if you are terminated and replaced by a younger person there is a presumption that you were fired because of your age. You employer would then have the burden of presenting evidence that there was a non-dicriminatory reason for your discharge. If a jury does not believe the employer's reason they can find that the firing was motivated by age for that reason alone.
If you are terminated you should consult with a lawyer familiar with emplyment law as soon as possible.