| There are three stages to establishing a lawsuit | | | | retained over you, or the circumstances |
| for age discrimination in New Jersey. First, you | | | | surrounding your termination give rise to an |
| must meet the prima facie (Latin for at first | | | | inference that you were terminated based on |
| sight) case. Second, the employer must | | | | your age. |
| articulate a legitimate, non-discriminatory reason | | | | 2. Employer's Non-Discriminatory Reason |
| for its action (termination, demotion, etc.). Third, | | | | The employer typically meets this element very |
| you must demonstrate that reason offered by | | | | easily by demonstrating a reason for the |
| the employer was a "pretext" and that the true | | | | termination. They may refer to performance |
| reason for the employer's action was unlawful age | | | | issues, skills, unable to perform the job, or a |
| discrimination. A jury will then make the decision | | | | myriad of other reasons. |
| whether is believes the employer's stated reason | | | | 3. Pretext |
| for its action was not the true reason for its | | | | You can establish that the employer's stated |
| actions. | | | | reason for your termination is a mere pretext by |
| 1. Prima Facie Case of Age Discrimination - | | | | a direct showing that your age was more likely |
| Discharge/Demotion | | | | the motivating factor by the employer or by an |
| You must be a member of a protected class. | | | | indirect showing that your employer's stated |
| You must demonstrate that you were performing | | | | non-discriminatory reason is not believable. |
| your job at a level that met the employer's | | | | If you can demonstrate all three of the |
| legitimate expectations. Despite performing your | | | | above-elements, you may be able to succeed on |
| job properly, you were fired or demoted. You | | | | a claim of age discrimination. Please contact our |
| then need to show that you were either later | | | | New Jersey Age Discrimination Lawyers or call us |
| replaced by a younger worker, other younger | | | | at (973) 920-7888 if you believe you have been |
| employees with worse employment records with | | | | discriminated against based on your age. |