Age discrimination

J

Justus

New Member
Jurisdiction
Tennessee
I filed a case in Federal Court for age discrimination. I came across a newsletter online sent by the CEO of the company that I am sueing. He has this picture of all the recent new hires. Including the position I was fired from. He states at the end of the newsletter "We are excited to have such young and extremely capable people joining our team. OUR FUTURE LOOKS BRIGHT!"

Is this something I can use for my case?
 
Justus said:
I filed a case in Federal Court for age discrimination. I came across a newsletter online sent by the CEO of the company that I am sueing. He has this picture of all the recent new hires. Including the position I was fired from. He states at the end of the newsletter "We are excited to have such young and extremely capable people joining our team. OUR FUTURE LOOKS BRIGHT!"

Is this something I can use for my case?
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You should ask your attorney rather than random people on the internet.
 
Can you use it? Sure.

Will it be of any real value? Probably not. For what reason(s) does the former employer say it fired you? There's nothing legally wrongful about hiring young people and being excited for the future. Merits aside, self-represented parties in federal court are rarely successful. Have you thoroughly familiarized yourself with the Federal Rules of Civil Procedure, the local rules of whichever of the three federal districts in Tennessee in which your case is filed, and the assigned district and magistrate judges' standing orders (i.e., "local local rules")? For what reason(s) do you not have an attorney?
 
I am over 40; once I was fired they hired only young people. There is no one in the office over 40 now. My manager told me that I was one of the oldest employees there. And the younger employees were the future.

I have not received my court date yet. I did request a jury trial.
 
Justus said:
I am over 40; once I was fired they hired only young people. There is no one in the office over 40 now. My manager told me that I was one of the oldest employees there. And the younger employees were the future.

I have not received my court date yet. I did request a jury trial.
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What reason were you given for being fired?
Why do you think that you are capable of managing a jury trial in federal court?
 
Failure to work cohesively with co-workers. I complained on two co-workers on a Tuesday for harassment on that Thursday I was written up and the following Monday I was fired. I was told that a co-worker had filed a complaint saying I talked to him like he was a child. The plant manager made him go to HR. I have two recordings TN is a one party state indicating their mistreatment of me.



The incident with said co-worker never happened.



I was able to draw my unemployment also. No disciplinary problems in almost two years of employment. The CEO stated on the day I was fired that a did a great job!



I believe I read somewhere that they can assist with an attorney. I'm not sure though. My filing fee and court costs were waived.
 
Federal court without a lawyer. Good luck with that.

Justus said:
I believe I read somewhere that they can assist with an attorney. I'm not sure though. My filing fee and court costs were waived.
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If by the EEOC, you may have jumped the gun to get a lot of help from them. While you are within your rights to head to court the moment what you feel is discrimination happens you likely would have been better off following the EEOC's complaint procedure.

Filing a Complaint
 
Justus said:
Failure to work cohesively with co-workers. I complained on two co-workers on a Tuesday for harassment on that Thursday I was written up and the following Monday I was fired. I was told that a co-worker had filed a complaint saying I talked to him like he was a child. The plant manager made him go to HR. I have two recordings TN is a one party state indicating their mistreatment of me.
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It sounds to me like your former employer may have had a valid, non-discriminatory reason for firing you.
 
I filed with the EEOC first; you have to start there. I received a right to sue letter and I filed my case in July of this year.
 
Justus said:
I filed with the EEOC first; you have to start there. I received a right to sue letter and I filed my case in July of this year.
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You really should have gotten the lawyer to file. I'm surprised you haven't had to take your phone off the hook to not get calls from lawyers wanting to represent you.
 
Justus said:
My manager told me that . . . the younger employees were the future.
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I assume you have no evidence of this other than your testimony. Correct?

Also, why didn't you answer these questions?

zddoodah said:
Have you thoroughly familiarized yourself with the Federal Rules of Civil Procedure, the local rules of whichever of the three federal districts in Tennessee in which your case is filed, and the assigned district and magistrate judges' standing orders (i.e., "local local rules")? For what reason(s) do you not have an attorney?
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Justus said:
I have not received my court date yet.
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What court date? In the context of a federal civil lawsuit, you're likely to have several court dates for various reasons.

Justus said:
I believe I read somewhere that they can assist with an attorney.
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Who are "they"? I'm not aware of any federal district court that would appoint counsel in a civil lawsuit. That said, if you tell which of the three judicial districts in Tennessee in which your case is filed, I can look at the local rules.
 
Just because they hired someone younger doesn't make it age discrimination. The company will likely point out that they hired someone for LESS SALARY then you are getting. Believe me, I've been there. Fired from the company (over the phone) that I worked for for 21 years because they decided to cut payroll and when they sorted by salary mine was the top of the list.
 
AGAIN - the company's position is that you were fired for a specific reason that is NOT related to your age.
 

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