Would I have much of a case if not allowed to apply for other current openings where I might be qualified?

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Anonymous Jul 2, 2015 Employment 3 views 1 answers

I was an executive let go for "business needs and restructuring", told it wasn't for performance,and not allowed to apply for other current individual contributor positions that I might be qualified for. I am 61 and just 4 months this short of 62 when full retirement benefits are available to me. There are managers in the company who have told me they would hire me and make use of my talent. They have also done this for others in the past. I am also Asian American. Is there much of a case or precedence for this as any basis for wrongful termination action?

Attorney Answer

Alexander Higgins

Alexander Higgins · Jun 15, 2026

From what you're described, you may have a case for age discrimination. It does not make any sense to keep you from working at the company if you were let go for business reasons having nothing to do with your performance. I'm having trouble coming up with a non age-based reason for refusing to consider you for working at the company. You should talk to a lawyer about how to document this and then strategy in pursuing something. -Alex J. Higgins

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