Q: Do I have a case for Age Discrimination and Retaliation?
Let go refused to tell why, age 70 and less than a year work comp claim, Separation Slip - Lack of Work, My Job posted the next week.
I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did. Before injury co-workers and local management had no idea of my age from appearance and job performance. Records were at corporate.
When let go I had to ask for the separation slip which took 2-3 days+ before receiving. Could not get an answer from local management regarding why I was let go. Only response was didn’t know but thought there were changes at Corporate. Repeatedly asked local management to get information from Corporate and still haven’t received a definite answer. They finally gave me the separation slip with Permanent Layoff due to lack of work. I have now recently found that my jobs was posted within 4-5 business Days after I was let go. Do I have a case?
A: More information is needed to analyze your situation. You may have a claim under the Americans with Disabilities Act, depending on the impact resulting from the injury you sustained. You could also have a claim under the Age Discrimination in Employment Act and/or a state law workers' compensation retaliation claim. You should consult with an attorney in your area to discuss the details of your situation and your options.
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