Legal Question in Employment Law in Virginia
age discrimination
i was dismisssed from my job 3/21/07. The reason they gave me was my job had been eliminated. I am 57. My job could not have been eliminated and it wasn't. It was divided between 2 other employees. I had been there almost 5 yrs. My job was taken over by a 23 yr. old who had been at the job about 6 months. The company paid most of my medical insurance (over $500 a month). The
23 yr. old did not have medical ins. with the office. I feel I was discriminated against because of my age and also the benefit of medical ins. I would really like your opinion on this, as soon as possible please ! counting the 3 Drs. there is 15 employees in the practice.
1 Answer from Attorneys
Re: age discrimination
These kinds of ADEA(Age Discrimination
in Employment Act)cases can be difficult to assess where the employer claims to have eliminated an older employee's job in favor of creating less costly positions filled by younger employees, performing at least some of the tasks of the position which had been supposedly eliminated, but at a lower salary and benefits, and my impression is that much of the decisional caselaw has cut in different ways across the various federal circuits on this particular situation.
More information and relevant facts regarding your case as well as research as to how this issue is approached, generally, by the Fourth Circuit Court of Appeals in Richmond would be necessary in order to give a more definitive answer to your situation in particular.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
