Legal Question in Employment Law in New York

Age Discrimination in Office

There is an employee in my company that has been taking excessive time off for various health reasons, many that have yet to be verified. He has harassed employees via e-mail and he has not been up to par with his work whatsoever. He is 60 y/o and the company is hesitant to let him go as a result of his age via a lawsuit if they fire him. His work has been poor and he started these excessive absences after his latest review which was poor. Can the company let him go without repurcussions??

Asked on 7/10/07, 3:02 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Age Discrimination in Office

The company could face liability if it can be shown that his age or his health problems were a substanital cause of termination.

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Answered on 7/10/07, 3:50 pm

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