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Too old to work? Not a legal reason for termination.

On Behalf of | Sep 7, 2016 | Business Law |

Sometimes we all might feel too old and too tired to work. But as far as a legal reason to terminate someone’s employment, saying that they are too old is generally not legally justifiable.

Discrimination plays out in various ways in the Michigan workplace and throughout the country. Age discrimination is no different. A key point within that legal matter is that someone can only file an ageism lawsuit if he or she is an older worker, age 40 or older. 

Multiple so-called “older workers” have made recent headlines. They are suing Hewlett Packard, claiming that the company fired them because of their advanced ages. This is a real concern, particularly within the tech and web industries.

The stereotype that it’s the young generation who best understands the tech, web and social media markets can become a threat to the employment rights of workers who are 40 and older. Employment law states that any employment practices that routinely disadvantages older job applicants or workers is unlawful.

Of course, an older worker can lose his or her job for ethical, legal reasons. Think of your job. If you, for example, fail to meet your numbers or deadlines, or if you violate codes of business conduct, you can be let go. 

Someone who loses their job and believes they did so wrongfully, therefore, should find any communications or evidence regarding their work success. Did they meet goals? Were there ever any issues with their performance that management communicated to them? 

An employment law attorney knows what sorts of questions and details to evaluate when someone claims to be a victim of age discrimination. Wrongful termination happens. An experienced lawyer can help make justice happen for someone whose rights have been violated.


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