age discrimination

I (age-53) was terminated from my position on 08/01/08. I was the only employee in my department (Engineering). About four weeks prior to my release, A younger,(age-35) less paid and less experienced man was hired, supposedly to work for me. (I was the manager for the department). Instead, I was laid-off and he was retained. A total of six people were terminated with me, all over forty. I had received no warning, no bad reviews (a raise was given at my last) and I was supposedly terminated because of "economic downturn". Yet, the company continues to hire people. The owner of the company is eighty-two and approximately sixty percent of the current employees are over forty. I am agonizing over whether to sign a "Release" and forfeit a small ($4K) severance package and file with the EEOC. I have'nt even received an unemployment check yet. Do I have a case for age discrimination based only on what I have given you here? I live in Pa but was employed in Ohio.

1 answer  |  asked Aug 17, 2008 10:26 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Compare the value or your potential claim to the severance offer

I suggest that you meet with an employment attorney to evaluate the value of your claim, as you may have one.

Courts have held that, if you were over 40, satisfactorily performing your job, replaced by someone substantially younger and your employer's stated justification for terminating you is baloney, you have sufficient evidence to prove a claim of age discrimination.

The value of that claim, once proven, depends on what you earned when terminated and what you will earn in a new job. You must also factor in the costs of pursuing your claim and the probability that you will not prevail. Once you come up with an estimate of the value of your claim, you have a pretty good idea whether the severance offer of $4K is adequate. If not, you can negotiate for a higher package or consider pursuing your claim in court.

We offer an initial consultation for this purpose. Our consultation fee is $200. If you would like to get together, call Jenny at 330.665.5445, ext. 0 and she can get you on my calendar.

Best regards,


posted by Neil Klingshirn  |  Aug 18, 2008 08:41 AM [EST]

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