This federal legislation is applicable to employers of more than 20 employees and covers individuals of 40 years of age or more. The key elements to consider if you feel that you have been denied employment, wrongfully terminated, or passed over for promotion or advancement opportunities because of your age:
- You are qualified for the position that you applied for or held;
- That you were replaced by someone outside of the protected class (under 40) and substantially younger than the claimant.
In other words, though a 41 year old who was passed over in favor of a 38 year old, would technically meet this criteria, a more successful claim would be a scenario where a highly experienced 55 year old employee was fired and a 25 year old with a fraction of the training and experience was hired instead.
If you feel that you have been discriminated against because of your age, call me and I can help to evaluate your case and assist you through the process. This kind of discrimination occurs more often than you might expect.
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