Large Restaurant Franchisee - Wrongful Termination Case (Age Discrimination)

[tumtum56]

What is the name of your state (only U.S. law)?Colorado
I am a 56 year old female former restaurant manager. I was fired after serving 15+ years in upper management for the same employer. This employer is a large restaurant chain franchisee, operating over 100 locations. All locations serve the same products and follow the same procedures set forth by the franchisee.

I was told I was terminated for failing a surprise inspection. 3 male managers (all younger than 40) failed the same surprise inspection at their own location within the same 3 month span as mine, (some more than once) but NONE were fired. The only other manager terminated for failing the inspection was a manager that had given his official two-week's notice 8 days prior. He was already leaving the company.

THE PROBLEM IS: My former employer is not allowing me to even mention the other managers' failed inspections because each store is a separately franchised independent corporation. All 100+ stores operate under the same CEO and must follow same company procedures. The mentioned failing managers answered to the same Area Consultant and District Coach as I did. How am I not allowed to bring my lawsuit against this franchisee? We have the same boss and rules to follow yet were reprimanded differently.

Please - from a legal standpoint - help me understand this. Thank you for any information.

 

[sandyclaus]

What is the name of your state (only U.S. law)?Colorado
I am a 56 year old female former restaurant manager. I was fired after serving 15+ years in upper management for the same employer. This employer is a large restaurant chain franchisee, operating over 100 locations. All locations serve the same products and follow the same procedures set forth by the franchisee.

I was told I was terminated for failing a surprise inspection. 3 male managers (all younger than 40) failed the same surprise inspection at their own location within the same 3 month span as mine, (some more than once) but NONE were fired. The only other manager terminated for failing the inspection was a manager that had given his official two-week's notice 8 days prior. He was already leaving the company.

THE PROBLEM IS: My former employer is not allowing me to use this blatant example of age discrimination because each store is a separately franchised independent corporation. All 100+ stores operate under the same CEO and must follow same company procedures. The mentioned failing managers answered to the same Area Consultant and District Coach as I did. How am I not allowed to bring my lawsuit against this franchisee?

Please - from a legal standpoint - help me understand this. Thank you for any information.

What makes you think this is age discrimination? Simply because the OTHER persons that failed were younger than you? That alone isn't proof.

Have you had any other infractions, write-ups, or performance issues? Anything recent? Is it possible that they fired you BECAUSE you were there for over 15 years and the mistakes that were made could have been a "you should have known better" kind of situation? In that case, your age isn't as much the issue as your length of service with the company and your level of experience. Someone with a higher level of experience should be making those kinds of errors that causes your restaurant to fail an inspection.

Is that a possible explanation?

 

[>Charlotte<]

My former employer is not allowing me to use this blatant example of age discrimination...How am I not allowed to bring my lawsuit against this franchisee?

Your former employer might not be willing to consider your accusation of discrimination as a reason to review your termination, but it is not their prerogative to deny your right to sue.

Your problem is going to be your ability to demonstrate that your age is the only reason you were fired.

 

[tumtum56]

What makes you think this is age discrimination? Simply because the OTHER persons that failed were younger than you? That alone isn't proof.

No, but I thought it would be indirect evidence of differential treatment. I was told I was fired for failing the inspection. Why should one competent manager be fired for failing if several others in the same position were not. After 15 years, it was the first inspection I ever failed.

One of the younger managers failed 3 inspections in a row and still wasn't fired. Instead, our Area Coach was instructed to be at this manager's store every single day until the next surprise inspection came so that he wouldn't fail it. So the other stores in the Coach's area did not receive any attention.

Forgive me, I am not schooled in any law. All that I've learned has been through personal research. I just find it it hard to comprehend.

Have you had any other infractions, write-ups, or performance issues? Anything recent? Is it possible that they fired you BECAUSE you were there for over 15 years and the mistakes that were made could have been a "you should have known better" kind of situation? In that case, your age isn't as much the issue as your length of service with the company and your level of experience. Someone with a higher level of experience should be making those kinds of errors that causes your restaurant to fail an inspection.

Is that a possible explanation?

One of the younger managers NOT terminated had been with the company since he was a 15, giving him as many years of experience as I have - roughly 15 years. Shouldn't this disqualify any reasoning that my level of experience should play a part in my termination? Since I can prove that another manager with the same length of time with the company that failed was not similarly fired?

Thanks for the time and help!

 

[ecmst12]

You don't necessarily have to prove anything yourself. File your claim with the EEOC and see what happens.

 

[tumtum56]

Your former employer might not be willing to consider your accusation of discrimination as a reason to review your termination, but it is not their prerogative to deny your right to sue.

Your problem is going to be your ability to demonstrate that your age is the only reason you were fired.

I have already filed a claim and am in the process of writing a rebuttal to my employer's position statement. They are stating no discrimination occurred in the restaurant I worked in. I believe they are implying that I cannot compare other managers' incidents that occurred within our franchise, because each store is INDEPENDENTLY FRANCHISED. Is that true? Each manager of each location signs the same contract and answers to the same CEO. We have the same rules and the same bosses, but each location is incorporated.

 

[ecmst12]

They can claim whatever they want. So can you.

 

[commentator]

Have you filed for unemployment insurance yet? What do they provide as proof of misconduct reason for termination? Do they have write ups and disciplinary reports related to your performance such that you knew your job was in danger if your performance did not improve?

While the EEOC complaint and the unempoyment insurance situation are completely separate, done through separate agencies, it is helpful for the employer to have to lay their cards on the table in the unemployment situation. They don't have to tell you jack squat, and it sounds as though you are coming back and asking them all sorts of questions about why you were terminated, which they certainly do not have to answer so that you can more easily sue them! But they would have to put this information out to unemployment if they don't wish you to draw unemployment insurance benefits. And you are certainly entitled to the benefits if they can't show that they had a valid misconduct reason to terminate you.

 

[tranquility]

I believe there must be evidence of discrimination before there can be a successful discrimination lawsuit. The only thing the OP has is statistics. Age discrimination based on statistics is NOT a do-it-yourself thing. I don't see how there is anywhere near enough for a lawsuit with what has been said, but there isn't really a lot of context we can get through such small bites of language. If the OP really thinks she has something, it seems consultation with an experienced attorney is necessary.

 

[tumtum56]

Have you filed for unemployment insurance yet? What do they provide as proof of misconduct reason for termination? Do they have write ups and disciplinary reports related to your performance such that you knew your job was in danger if your performance did not improve?

While the EEOC complaint and the unempoyment insurance situation are completely separate, done through separate agencies, it is helpful for the employer to have to lay their cards on the table in the unemployment situation. They don't have to tell you jack squat, and it sounds as though you are coming back and asking them all sorts of questions about why you were terminated, which they certainly do not have to answer so that you can more easily sue them! But they would have to put this information out to unemployment if they don't wish you to draw unemployment insurance benefits. And you are certainly entitled to the benefits if they can't show that they had a valid misconduct reason to terminate you.

I filed for unemployment before I submitted my claim to EEOC. I gave AGE Discrimination as the reason for my termination. My employer failed to respond within the required amount of time and I was awarded unemployment.

In the 15+ years I worked for this company, I was written up a total of 4 times and received 15+ personal recognition achievements in my career. 3 of 4 reprimands came within the last year of my employment. 2 reprimands were never given to me but are in my file (they are NOT signed by me). I felt singled out and hyper scrutinized by my Area Consultant (assigned to my area my final 12 months of employment). He rarely visited my store, never coached me, and when he did, I felt he was purposely looking for anything he could to write me up. I saw him look the other way on more than one occasion when a close friend (age 28) and fellow manager had expired hold times. He spoke to her more kindly than to me. I know that it's not illegal to treat one employee more favorably than another. But he reprimanded me for things and DIDN'T reprimand her for the same errors. We both held the same position within the company: Manager of one the company's stores.

This manager (who has since quit the company) noticed the unfair treatment during our employment but is extremely afraid of conflict (a diagnosed anxiety disorder) and never said anything. She is willing to to submit a written statement now that she no longer works there, but I don't know if that will even help.

 

[Zigner]

I filed for unemployment before I submitted my claim to EEOC. I gave AGE Discrimination as the reason for my termination. My employer failed to respond within the required amount of time and I was awarded unemployment.

In the 15+ years I worked for this company, I was written up a total of 4 times and received 15+ personal recognition achievements in my career. 3 of 4 reprimands came within the last year of my employment. 2 reprimands were never given to me but are in my file (they are NOT signed by me). I felt singled out and hyper scrutinized by my Area Consultant (assigned to my area my final 12 months of employment). He rarely visited my store, never coached me, and when he did, I felt he was purposely looking for anything he could to write me up. I saw him look the other way on more than one occasion when a close friend (age 28) and fellow manager had expired hold times. He spoke to her more kindly than to me. I know that it's not illegal to treat one employee more favorably than another. But he reprimanded me for things and DIDN'T reprimand her for the same errors. We both held the same position within the company: Manager of one the company's stores.

This manager (who has since quit the company) noticed the unfair treatment during our employment but is extremely afraid of conflict (a diagnosed anxiety disorder) and never said anything. She is willing to to submit a written statement now that she no longer works there, but I don't know if that will even help.

Your own example shows something that is NOT age discrimination. He treated his friend differently, not because she was 28, but because she was his friend.

It's entirely possible that the supervisor didn't like you. That doesn't necessarily equate to age discrimination - it is a simple personality conflict.

 

[tumtum56]

Your own example shows something that is NOT age discrimination. He treated his friend differently, not because she was 28, but because she was his friend.

It's entirely possible that the supervisor didn't like you. That doesn't necessarily equate to age discrimination - it is a simple personality conflict.

No. I'm sorry, I don't understand that. He treated MY friend differently. The Supervisor and Manager were not "friends" - only supervisor and manager. The manager is my friend. But in either case, he was our supervisor and should have reprimanded her as well (even if he did like her better - which I understand is totally legal).

Every time a manager has expired product in their restaurant and it's not discarded immediately (even if everyone is busy helping customers), the manager can be written up. My friend and I were BOTH managers with the same exact responsibilities. I don't care if he liked her better than me. I care that I was written up and others in the same situation were not. I care that I was fired for something and others in the same situation were not.

 

[LdiJ]

A franchise, by definition is a separately owned and operated business. A franchise is responsible for its own hiring and firing. There are certain rules that a franchise must follow in order to have consistancy within a chain, and perhaps corporate employees can make recommendations, but still, its up to the owner of each franchise to determine whether or not they will fire any particular employee. So, just because your employer chose to fire you for a failed inspection, does not require the owners of any other franchises to fire any of their employees for failed inspections.

 

[Zigner]

No. I'm sorry, I don't understand that. He treated MY friend differently.The Supervisor and Manager were not "friends" - only supervisor and manager. The manager is my friend. But in either case, he was our supervisor and should have reprimanded her as well (even if he did like her better - which I understand is totally legal).

Sorry, I misread it previously.

Every time a manager has expired product in their restaurant and it's not discarded immediately (even if everyone is busy helping customers), the manager can be written up. My friend and I were BOTH managers with the same exact responsibilities. I don't care if he liked her better than me. I care that I was written up and others in the same situation were not. I care that I was fired for something and others in the same situation were not.

But, him liking her better than you does not necessarily mean it was age discrimination. Perhaps he liked the sound of her voice...perhaps he liked the way she smiled and said "Good morning!" every time he showed up. Each of those things, while unfair, would not be illegal.

 

[>Charlotte<]

But your problem is whether you can show that you were treated this way because of your age. The fact that you are 56 is irrelevant unless it is determined that that is the reason for your termination. If your manager just doesn't like you, your age is not a protection.

Are you aware of any other employees over the age of 40 who were arbitrarily terminated?