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Was told "the younger guys have more fire in their belles"

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IndianaHelpNeed

Junior Member
What is the name of your state (only U.S. law)? Indiana

I am 38 years old, and was succeeding in a sales role for a company. I had never been counseled about issues, nor had I been warned. I was then terminated, and when I asked about why, the manager who terminated me actually stated "We understand you a re meeting your objectives, but the younger guys just seem to have more fire in their belly".
As I was driving away I called the ACLU and was told because I was under 40 it didn't count as age discrimination, but I feel like there is a major issue at hand.

Any advice or ideas? Thoughts?

NOTE: I did file for unemployment, and was granted. To which they appealed, and came to the appeal completely unprepared. They could not give valid reason for my termination, and did not deny that I was not only meeting goals, but exceeding goals. (Note: after I left I got a check for a FULL MONTHS COMMISSION, because the contracts I had sent out in the first 6 days of the month I got terminated in, all came back sold....so they had to pay me on them. Making me over 100% to objective....) so my unemployment was upheld.
 


cbg

I'm a Northern Girl
Major issue or not, the fact remains that under Federal law, if you are under 40 then by definition it is not age discrimination, and I could find nothing to suggest that your state uses a lower threshold. You are free to lobby for a change in the law but until such a change is not only passed, but made retroactive, this is going to be a non-issue.
 

IndianaHelpNeed

Junior Member
Major issue or now, the fact remains that under Federal law, if you are under 40 then by definition it is not age discrimination, and I could find nothing to suggest that your state uses a lower threshold. You are free to lobby for a change in the law but until such a change is not only passed, but made retroactive, this is going to be a non-issue.
Thanks for the response Cbg. Doesn't make it suck any less. :)
 

justalayman

Senior Member
NOTE: I did file for unemployment, and was granted. To which they appealed, and came to the appeal completely unprepared. They could not give valid reason for my termination, and did not deny that I was not only meeting goals, but exceeding goals. (Note: after I left I got a check for a FULL MONTHS COMMISSION, because the contracts I had sent out in the first 6 days of the month I got terminated in, all came back sold....so they had to pay me on them. Making me over 100% to objective....) so my unemployment was upheld.
You filed for unemployment? What about this from one of your other threads:


What are his options? Work visa through my company?
You operate your own company that apparently generates enough revenue to hire employees yet you are upset that your employer terminated you and after that you filed for and were approved for unemployment benefits?
 

IndianaHelpNeed

Junior Member
You filed for unemployment? What about this from one of your other threads:




You operate your own company that apparently generates enough revenue to hire employees yet you are upset that your employer terminated you and after that you filed for and were approved for unemployment benefits?
this was May of last year that I was terminated.
 

justalayman

Senior Member
Is there a statute of limitations on asking legal advice?
there is a limit which is would be possible to do anything.

but the fact is; you sat on your hands. Who do you think would take any complaint seriously after you sat on your hands for a year?


I'll tell you; nobody/


in fact, there are defenses just for situations where people wait a long time to sue or even prosecute that have nothing to do with the statutes of limitations
 

cbg

I'm a Northern Girl
There is not a statute of limitations on asking.

But there is a statute of limitations on filing a complaint. And EVEN IF YOU DID have a valid complaint, which you do not for reasons I've already explained, it would be too late to do anything about it now because you waited too long. Even if you had a slam dunk case, which you don't, you couldn't do anything about it now because the statute of limitations to file a complaint has already passed.
 

IndianaHelpNeed

Junior Member
There is not a statute of limitations on asking.

But there is a statute of limitations on filing a complaint. And EVEN IF YOU DID have a valid complaint, which you do not for reasons I've already explained, it would be too late to do anything about it now because you waited too long. Even if you had a slam dunk case, which you don't, you couldn't do anything about it now because the statute of limitations to file a complaint has already passed.
And that ladies and gentleman is how you answer a question. Thanks CBG.

I wasn't asking to FILE a complaint. Was more asking for general knowledge and closure on something that bothered me. Ill be sure to specify that next time.
 

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