Fired for being too Old? Sue those #&X/x$@#

By Gary Geyer

Have you ever been fired because someone thinks you’re too old? Have you fantasized killing or suing? I hear both thoughts are common. I would never recommend killing, of course. Suing on the other hand is something else.

What you will be up against

Before you get too excited, you should know a few things. First, last year only about 20% of the people who filed age discrimination charges with the U.S. Equal Employment Opportunity Commission, got any financial satisfaction out of it. In fact, almost 60% of the cases were actually dismissed, for lack of evidence.

What took so long?

It was not until the sixties that employment discrimination because of age became against the law. It wasn’t easy but The Supreme Court, over time, developed a process for proving age-related employment discrimination.

First…

You have to be at least 40 years old at the time of the alleged discrimination for your case even to be considered. You must show that you were qualified for your job and that you performed it adequately.

You must…

Show evidence that you were fired or experienced some other adverse actions while you were on the job.

Then…

You must be able to show that you were treated unfairly compared to younger employees.

Your boss’ turn

Your boss has a chance to show that there were other real, non-discriminating reasons for “having to let you go”. Actually, an employer has the right to fire any employee for almost any reason (re-organizing, economic slowdown, bad attitude, etc., etc.)

Your turn again

You have to convince the jury that your boss is lying through his teeth and that the reasons given were a made-up pretence to hide the age discrimination. This is an area that’s very tricky and one the courts have been inconsistent on.

The good news

The Supreme Court ruled in its 1999-2000 term that you do not have to prove actual age-discrimination. All you have to do is convince the jury that the reasons your boss gave for dismissing you, were a crock.

It’s not a slam-dunk

I don’t mean to discourage you. If you think you’ve been wronged, go for it. Just know it’s not going to be easy. Cases often drag on and on and the costs mount. And then there’s the emotional part. Your employer will go all out to disparage you. Under attack will be your work record, your habits, your ethics, you name it. You will feel hurt and demeaned.

So, what else is new?