Holding Your Employer Accountable if You Were Fired After Refusing to Retire

The federal Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 or older. Maryland law also prohibits age-based discrimination. If you were fired after refusing to retire, you could be a victim of age-based discrimination, and it will be worth talking to a Maryland wrongful termination lawyer about your legal rights.

If you were fired after refusing to retire from your job, you could have a wrongful termination claim against your former employer. State and federal laws prohibit Maryland employers from taking adverse employment action against employees based solely on age.

These laws specifically protect employees who are 40 or older. The federal Age Discrimination in Employment Act (ADEA) applies to employers with 20 or more employees, while Maryland’s Fair Employment Practices Act (FEPA) applies to employers with 15 or more employees. If you have questions, a Maryland wrongful termination lawyer can evaluate your case and determine if an ADEA or FEPA claim is warranted.

Do I Have an Age Discrimination Claim if I was Fired for Refusing to Retire?

To have a claim against your former employer, you must be able to prove that you were fired because of your age. If you were fired for reasons unrelated to your age, you won’t have a wrongful termination claim unless you were fired for another unlawful reason (i.e., based on your race or sex).

One way to prove you were fired because of your age is to show that you were replaced with a younger worker even though you remained qualified for the job. If your employer asked you to retire, fired you after you refused, and then replaced you with a younger worker, this could be a textbook case of age discrimination under the ADEA or FEPA.

What Should I Do if I Believe I was Fired Because of My Age?

If you believe you were fired because of your age, there are some steps you should take promptly to protect your legal rights. To help maximize your chances of holding your employer accountable if you have a claim, you should:

1. Take Detailed Notes About the Events Leading Up to Your Firing

You should write down any information that you believe may be relevant to your wrongful termination claim. If your employer has a history of making comments about your age or firing older workers, go as far back as you can remember. The more details you can share with your lawyer, the better.

2. Keep All Relevant Communications and Employment Records

Keep any communications related to your firing. This includes emails, direct messages, text messages, and other communications from both before and after you were let go. Also keep copies of your employment records.

3. Talk to a Wrongful Termination Lawyer About Your Legal Rights

If you have grounds to file a claim against your employer, it will be important to have an experienced wrongful termination lawyer on your side. An experienced lawyer will be able to assess your legal rights and help you make an informed decision about whether to take legal action.

FAQs: Filing a Wrongful Termination Claim Under the ADEA or FEPA

Is it illegal to fire an employee who refuses to retire in Maryland?

While it is not necessarily illegal to fire an employee who refuses to retire in Maryland, the ADEA and FEPA prohibit employers from firing retirement-age employees because of their age. If you were fired because of your age, you could have a claim for damages, reinstatement, or other remedies.  

How do I prove I was fired because of my age?

Proving that you were fired because of your age will require various forms of documentation. Once you hire a wrongful termination lawyer, your lawyer will be able to assist with gathering the evidence you need.

How long do I have to file a wrongful termination claim in Maryland?

The deadline to file a wrongful termination claim in Maryland can be fairly short—as short as 180 days in some cases. With this in mind, if you have questions about your legal rights, we strongly recommend speaking with a lawyer promptly.

Speak with an Experienced Maryland Wrongful Termination Lawyer in Confidence

If you would like to speak with a Maryland wrongful termination lawyer about your legal rights, please get in touch. Please call 410-514-6099 or contact us confidentially online to schedule an initial consultation at The Law Firm of J.W. Stafford, LLC.