If my company is letting me go after 19 years and I’m 52 years old, do I have any legal recourse?
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If my company is letting me go after 19 years and I’m 52 years old, do I have any legal recourse?
They say it is due to reorganization/cost cutting. They’ve offered me a severance package.
Asked on December 28, 2015 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that in any employment discrimination case, it may be difficult for an employee to prove that discrimination actually took place. In a situation such as this you would need to prove that it was based on your age. And you gave no specific details of your situation.
In such cases, the plaintiff must prove by a “preponderance of the evidence” that age was the “but-for cause” of their employer’s action (i.e. termination). “Preponderance of the evidence” means that the employee must show that the evidence makes it more likely than not that age was the cause. “But-for cause” means that the employer would not have done what it did “but for” the employee’s age. In other words, without it the discrimination would not have occurred; it was the deciding factor in the employe's discharge.
At this point, you should consult directly with a local employment law attorney. They can go over the details of your situation and best advise you further. Additinally, if you believe that you have been illegally discriminated against due to your age, you can file a complaint with the Equal Employment Opportunity Commission. Finally, you can contact your state's department of labor.
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