What are the characteristics of a meritorious ADEA claim?
All cases are different. In each case one or more of the following factors may be more important or less important than others. Taken as a whole, the following list provides a sketch of the kinds of characteristics common to meritorious ADEA claims: • Long-term employee, 15 or more years of seniority; • Highly compensated; • Replaced with significantly junior worker; • Employee has good or excellent performance reviews; • Employee has good or excellent prior disciplinary record; • Employer cannot articulate specific reason for adverse employment action; • Employee received recent uncharacteristic discipline shortly before termination; • A new supervisor or manager; • Supervisor or Management indicate a prejudice against older workers or older workers ability to perform based solely on age.
