62 Year Old Woman Suddenly Fired After 19.5 Years

[MWhyte]

My mother is 62 years old and was recently fired from her position with Asics Inc. where she managed a returns department in Tennessee. She worked for the company for 19.5 years, 19 of which she always had stellar employment reviews. It was only very recently (and with a change in management) that she received a poor performance review (which seems to me like their way of protecting themselves legally against wrongful termination, age discrimination, etc., because nothing else has changed and it was the same routine job she'd been doing for almost 20 years).

She is approaching her 20 year mark (which earns a significant bonus in the company), and has accumulated wages almost double to what a same position entry level employee would make. She is also approaching full retirement when she turns 65.

Since her abrupt termination she is now unable to pay the lease on her apartment, not to mention hire a lawyer.

I would like to know what legal recourse, if any, is available, and what legal aid resources might be helpful.

Thank you!

 

[cbg]

If she believes that she was fired because of her age, she can file a complaint with the EEOC. She does not need a lawyer to do so and it does not cost anything. It will not be a quick or easy process.

 

[Antigone*]

My mother is 62 years old and was recently fired from her position with Asics Inc. where she managed a returns department in Tennessee. She worked for the company for 19.5 years, 19 of which she always had stellar employment reviews. It was only very recently (and with a change in management) that she received a poor performance review (which seems to me like their way of protecting themselves legally against wrongful termination, age discrimination, etc., because nothing else has changed and it was the same routine job she'd been doing for almost 20 years).

She is approaching her 20 year mark (which earns a significant bonus in the company), and has accumulated wages almost double to what a same position entry level employee would make. She is also approaching full retirement when she turns 65.

Since her abrupt termination she is now unable to pay the lease on her apartment, not to mention hire a lawyer.

I would like to know what legal recourse, if any, is available, and what legal aid resources might be helpful.

Thank you!

This is your mother's issue and if I were your mother, I'd floor you for putting my business on the Internet AND even posting indentifying information about me.

Not a smart move.

 

[commentator]

Okay, your mother is in TN and she worked 19 years for a large retail company. She was terminated, we assume for "performance issues." She needs to immediately file for unemployment insurance benefits. This will not be any real immediate help for her, but eventually, with this kind of a situation, she will probably be able to get approved for benefits.

Unemployment insurance situation will not have anything much at all to do with age discrimination. They will look at the reason why the company says she was terminated, and will determine if they had a valid misconduct reason for the termination. It will be fairly difficult for the employer to show that after 19 years of favorable reviews and work history, she suddenly began messing up badly enough that they could call it misconduct. Even if she did, there would need to be progressive discipline involved, they would need to have counseled with her and given her an opportunity to improve her job performance, and show that she refused to do so, even after such warnings. This will be her first step. She should get it done IMMEDIATELY, if she has not already done it. This would be the money she'd use to pay the lease on her apartment and live on while she's trying to find another job.

Even though she is approved for unemployment benefits, this will not have anything to do with an age discrimination issue. If she does have an issue, if she does eventually get this to court, unemployment information will NOT be shared as part of this action. The two agencies, EEOC and unemployment benefits, do not exchange information and do not work together in any way.

Completely separate from this issue, she needs to file a grievance with EEOC, because this does sound like something rather significant and suspicious related to your mother's age. A concentrated effort to remove an older worker just before she reached an age at which she might be eligible for some special benefit or coverage, or after she has come down with some health issue is something that sometimes rings the bells at the EEOC. This will, by no means be a quick procedure. This will, even if she is given a "right to sue" letter, and retains an attorney, and sues the company and receives compensation, it will not come in any time to save her apartment and lifestyle. We are looking at a lot of time, here, a year or so, perhaps. It isn't necessary to hire an attorney immediately, she may want to wait until the EEOC processes her claim and decides if there is sufficient evidence of wrongdoing to pursue this matter.

Incidentally, since she's 62, she may think she cannot sign up for unemployment insurance if she elects to draw her social security retirement early. But she can, as long as she does not remove herself from the labor force ("I can't look for a job, I'm retired!") and is willing to go through all the processes required to seek work, she can draw both. There is no reduction for Social Security benefits, it is not reported income, and will not cause her any problems at all related to drawing unemployment as it is not a "pension" that comes from the employer.