Legal Question in Discrimination Law in Indiana

Age Discrimination--Defective Release Agreement?

I will soon be age 60. I worked for the employer from September 2000 to February 2001. The employer forced me to resign. I was given no reason for the action. The release agreement itself, allowed for 21 calendar days to sign. However, the president of the organization sent a cover letter, dated February 15, 2001, with the release which states, “As we discussed with you, we will expect to have this back within seven working days or we will have considered that you will have been terminated by employer, rather than resigned from your position.”

I signed the release on February 20, 2001.

My predecessor, when checking my identification as a new employee stated, “They would never have hired you if they had known how old you are.”

The release agreement contains the following provisions:

I received a report from an employment verification firm, following their contact with employer, which contains the following:

“REASON FOR SEPARATION: employer indicated that ‘we had a mutual understanding’.

Second Reference: Reason for Separation: “It was unfortunate it wasn’t the ideal fit…(but) what we needed was not what he was hired to do,” adding that employee “was asked to find other employment.”

Asked on 3/25/01, 12:20 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Age Discrimination--Defective Release Agreement?

Your rights under the federal age discrimination law remain enforceable. Contact your local U.S. Equal Employment Opportunity Commission to make a claim. They will investigate the matter for you. The phone number for the Indianapolis office is 317.226.7212.

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Answered on 5/29/01, 5:53 pm

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