I am 52 years old and I have been laid off from my job. I earn more than most employees in my position. Can I sue my employer for employment discrimination for firing me?
By Deskin Law Firm
There is often a correlation between higher pay and age, so the fact that highly paid employees are treated adversely does not itself prove age discrimination. Employers can make business decisions based on other factors - like terminating employees because of seniority or high pay - even though this may affect more people who are older, if there is no intentional age discrimination. But the employer cannot have a hidden agenda and lay off people with more experience or higher salary just for the purpose of laying off older workers. See Slather v. Sather Trucking Corporation (8th Cir. 1996) 78 F3d 415.
To figure out if your discrimination situation is illegal you must determine:
1. If you are an employee protected from discrimination under the law.
3. If your employer's conduct is considered discriminatory under the law.