Midland, MI asked in Employment Law, Civil Rights and Employment Discrimination for Michigan

Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is unlawful for an employer to fire, refuse to hire, or otherwise discriminate against an employee based on their age. This includes making decisions about employment, such as termination, based on the assumption that an older worker may retire soon.

However, there are some exceptions and nuances to the law. For example, if age is a bona fide occupational qualification (BFOQ) reasonably necessary for the normal operation of the particular business, then an employer may consider age in their employment decisions.

If you believe you have been subjected to age discrimination, you can:

1. File a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act.

2. Consult with an employment law attorney to discuss your rights and potential legal options.

3. Gather any evidence of age discrimination, such as emails, memos, or witness accounts, to support your claim.

It's important to note that age discrimination cases can be complex, and the specific details of your situation will determine the best course of action. Consulting with an experienced employment law attorney can help you understand your rights and options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.