Lawsuit

[seahawkscheat]

I was wondering if I had a possible chance of winning a lawsuit against my employer. I have been working at the same place for the past 8 years as a seasonal employee I usually start off around April 25th and get laid off Oct 30th. When I first was hired I was 32 years old I will be 40 this June. You have to be 40 years old to file an age discrimination lawsuit against your employer in my state. Over the years I have noticed all the people hired full time are in their 20's. Do I have a case?

[Au165]

(01-31-2019, 01:17 AM)seahawkscheat Wrote: I was wondering if I had a possible chance of winning a lawsuit against my employer. I have been working at the same place for the past 8 years as a seasonal employee I usually start off around April 25th and get laid off Oct 30th. When I first was hired I was 32 years old I will be 40 this June. You have to be 40 years old to file an age discrimination lawsuit against your employer in my state. Over the years I have noticed all the people hired full time are in their 20's. Do I have a case?

Are you saying you are no longer getting hired as of this year? I'm trying to understand the whole picture here because it is kind of vague. Also while we are at it, what state is this?

[seahawkscheat]

New Jersey is where I am I am still employed there. this April I will return to work but get laid off end of Oct again. That is how it has been the past 8 years meanwhile other people get full time year round jobs and they started after me.

[sandwedge]

Have you asked?

[seahawkscheat]

I have been to 4 interviews and have been turned down each time

[Beaker]

(01-31-2019, 02:24 PM)seahawkscheat Wrote: I have been to 4 interviews and have been turned down each time

Start wearing a shirt to the interviews.

[Benton]

Is nj an at will state?

Kentucky is and it wipes out most employee suits as you're deemed to work at will.

But just my opinion, it seems if you've done the same thing for 8 years, it would be difficult to claim discrimination. You accepted the job knowing about the layoff and you were 32, well below the 40. If it was me, I'd just tell them employer I want ft or I'm not coming back.

[Au165]

I'm no lawyer but your going to have a hard time with this because for the 7 previous years they did so without issue. Now simply because you are 40 they will attempt to do the same thing and you will attempt to sue them. The case most likely will get dismissed once they show the same pattern has occurred long before you hit the age to meet this law. You can always find an ambulance chaser who will do free consultations on this stuff, doesn't hurt to meet with them I guess.

The other thing is they will simply say that while you are enjoyable to have around for short periods, your personality isn't a cultural fit to be a full time employee with them. Nothing illegal about that and perfectly acceptable reason not to hire someone. Tread carefully because if you start hinting at this they will just fire you before June and call it a day. If you bring this suit you will end up unemployed so make sure you weight all that before you say anything to anyone there.

[fredtoast]

I am a lawyer, but I have never dealt with employment law or age discrimination.  So don't take this as official legal advice.

First of all I believe Federal law only covers employers with more than 20 employees. However some states have laws that give more protection than the Federal laws.

Second, you have to prove that age is the reason you are not getting promoted.  That can be very difficult to do.  You almost have to have a group of older people in the exact same position as you to show some sort of pattern.  It is very difficult to come up with evidence that some company representative actually said that your age or "old appearance" is the reason you are not getting promoted.

What type of job is it?

If you talk to a lawyer make sure he/she has experience in the field of employment law.  Those cases are complicated and generally handled by larger law firms.

[HarleyDog]

(01-31-2019, 03:28 PM)Beaker Wrote: Start wearing a shirt to the interviews.

Seriously tho here’s my take. If you have to sue to be recognized, why would you want to work there anyway? Although you didn’t state what you do, regardless of the job people want to be respected and recognized for their worth (well, unless your in porn industry). Their are a lot of great careers to be had out their with minimal training and it’s a good time to persue changes if your up to it.

Oh, and 40 is not old. As gramps would say, your still a spring chicken or young whippersnapper, or something like that.

[grampahol]

I would think that to even find a lawyer suitable you would need to find someone willing to take it on contingency otherwise you'll spend a lot for very little and even then chances are the lawyer is going to get the lions share of whatever you might be awarded..  Sounds like a tough one to win and one you would probably have to win in the court of public opinion first just to find any traction. 30-40 years ago it may have been a slam dunk. I dunno..