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ARTICLE · 16 APRIL 2012

Subtracting 46 And Adding 49 Equals Possible Lawsuit

When you replace 46-year-old Freda with 49 year-old Freddie, it only seems logical that you shouldn’t have to worry about an age discrimination claim.

United StatesEmployment and HR

When you replace 46-year-old Freda with 49 year-old Freddie, it only seems logical that you shouldn't have to worry about an age discrimination claim. After all, how can anyone reasonably believe that age bias motivated you to terminate Freda when you replaced her with someone who is older?

But, anyone who has ever wrangled in the employment law arena knows that logic, reason and plain old common sense rarely stop a former employee from filing a suit, or force a court to dismiss a case. Oftentimes, the only persons asking the common sense questions are the persons sitting in the jury box. While that may seem somewhat comforting, let's face it, no employer ever wants to be talking to twelve people in a jury box. The time, expense and anxiety of an employment discrimination trial are just too great, regardless of the outcome.

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