Can My Employer Force Me to Retire?

If you are terminated or laid off, it can be difficult to tell whether it is because of your age, or some other legitimate reason.  Here are some things to consider, and that we consider as attorneys when evaluating a potential age discrimination case:

• Was your position replaced, and if so, was your replacement a younger person?
• If it was a layoff, what percentage of the people who were laid off were over 40?
• Had there been any comments by your managers that could be considered "code" for age bias (for example, comments about facility with technology, ability to keep up, health concerns)?
• Had you or others over 40 previously been passed over for promotions in favor of younger employees?

• If you were terminated for cause, were other younger employees who did the same thing treated the same way?

Discrimination can be tricky to prove, and the analysis is always highly dependent on the facts of your particular case.  If you are wondering whether age was a factor in your termination, you should consult an employment attorney to better understand your rights and your options.

Learn more here about discrimination in Massachusetts.

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