San Antonio Employment Law Blog

Former Texas Frito-Lay worker sues company for age discrimination

Texas residents are protected from experiencing age discrimination on the job by the Age Discrimination in Employment Act. This law prohibits employers from discriminating against workers who are 40 or older. This means that employers cannot legally treat an employee or an applicant less favorably because he or she is over the age of 40.

As most people are aware, age discrimination does still happen in Texas, and it can be difficult to hold employers accountable. A case has recently been filed by a former Frito-Lay sales representative who has claimed he was fired because of his age.

The man was fired in June 2012 shortly after he was suspended for bringing his son along with him on his sales route. He has argued that he only did this because he was asked to come into work on his scheduled day off.

The lawsuit claims that about a week after that incident, the worker’s supervisor told him that if he did not request retirement he would be fired. The man was 58 at the time and he had worked for Frito-Lay for about 17 years.

He is now suing the company for age discrimination, requesting compensation for the related damages.

When a person over 40 is fired in Texas on the basis of age, it may be possible to hold the employer accountable for lost wages and benefits, among other things. Such claims can be difficult, though not impossible, to prove. Those who have experienced workplace discrimination or discrimination in hiring may benefit from discussing their case with an employment law attorney.

Source: The Southeast Texas Record, “Frito-Lay sales rep. files age discrimination suit,” Michelle Keahey, July 8, 2013

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