Age Discrimination

Full Answer Section

• The HR VP also made ageist remarks, saying that you were not a "team player" because you did not join your colleagues for happy hour and because you mentioned your religious activities on the weekends.

These facts suggest that you were fired because of your age. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees on the basis of age. This includes firing employees because of their age.

2. What are the provisions the attorney must prove? Please discuss the strengths/weaknesses of the above facts as they relate to the Violation requirements?

The attorney must prove the following to establish a prima facie case of age discrimination:

• You are over the age of 40.
• You were qualified for your job.
• You were fired.
• There was a younger person who was qualified for your job and who was not fired.
• Your age was a factor in your termination.

The above facts provide strong evidence to support each of these elements. You are over the age of 40, you were qualified for your job, and you were fired. There is also a younger person who was qualified for your job and who was not fired. The CEO's and HR VP's remarks about your age also suggest that your age was a factor in your termination.

The weaknesses in the case are that the company gave you a severance package and that you were not fired immediately after the new software program was implemented. However, these factors are not necessarily fatal to the case. The severance package could be seen as an attempt to buy off the employee and the fact that the employee was not fired immediately does not mean that age was not a factor in the decision to fire him.

3. If successful, what would you, as the former employee, want as compensation for this ordeal, especially for the humiliation of everyone seeing you walk out the building, with your “personal box,” and other compensation, such as loss of future wages, bonuses, etc.?

If I were successful in my age discrimination lawsuit, I would ask for the following compensation:

• Back pay for the time I was wrongfully terminated.
• Front pay for the time I would have worked if I had not been terminated.
• Compensatory damages for the emotional distress I suffered as a result of the discrimination.
• Punitive damages to punish the company for its discriminatory conduct.

I would also ask for reimbursement for the costs of my legal fees.

The company may argue that it gave you a generous severance package, which should be considered as full compensation for any damages you suffered. However, the severance package is not necessarily a complete bar to recovery. The court may still award you additional damages if it finds that the company's conduct was particularly egregious.

Ultimately, the amount of compensation you would receive would depend on the specific facts of your case and the outcome of the lawsuit.

Sample Solution

Yes, there are enough facts to file an age discrimination complaint against ABC Company and its officers. The following are the reasons why:

• You have been employed by ABC Company for over 40 years, which means that you are over the age of 40.
• You were fired after the company implemented a new software program that you were struggling to adjust to.
• The CEO specifically mentioned your age when he fired you, saying that you were an "old dinosaur" who was not "capable of, or refusing to adjust to today's technology."