Have you lost your job or been subject to some other adverse employment action? Do you think your age had something to do with the employer's decision?
Regardless of the employer's reason for the adverse employment action, did your employer, boss, manager, or supervisor tell you that you cannot keep up with the younger employees? Did your employer or your supervisor hire younger employees to take your job? Did your employer make comments to you or others about your age or retirement? Did your employer or your supervisors ask you about Medicare or Medicaid?
If so, and if you are over 40 years old, you may have rights under the Age Discrimination in Employment Act of 1967 ("ADEA") that have been violated.
Unlawful Practices Under the ADEA
Pursuant to the ADEA, an employer may not take an adverse employment action against an employee because of the employee's age. Specifically, Section 623 of the ADEA states:
"It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter."
If you believe that your rights might have been violated and you were discriminated against because of your age, please contact an age discrimination lawyer at Weiner & Sand LLC to discuss your rights.