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Possible Wrongful Termination?

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J

jagalubnan

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

Hello,

A friend of mine was recently "laid off" from a company that he's been with for over 20 years. Without this person, this company will surely fail. I mean, everytime there's a small problem they call him, and he has to head to the company to help out, regardless of the time of day. About a month ago, their new, extremely YOUNG general manager basically threatened him by saying that he needs to adjust his hours or else they would release him. He didn't say it like that, but it was implied. This manager does not know the in & outs of this branch of the company. He's been bs'ing a lot of the employees who've been at the company before this manager even came of age.

Now, they have just laid him off and they say it's due to the downturn in the economy. In my opinion, I think that they're just firing him to hire someone with less experience, therefor allowing them to pay them less. And this position is a MUST with this company. I also think they're looking for someone younger, as the person who got laid off is about 50 years old.

Does this constitute a wrongful termination? What are the possibilities for action?

Thanks.
 


C

cyjeff

Senior Member
jagalubnan said:
What is the name of your state (only U.S. law)?
California

Hello,

A friend of mine was recently "laid off" from a company that he's been with for over 20 years. Without this person, this company will surely fail. I mean, everytime there's a small problem they call him, and he has to head to the company to help out, regardless of the time of day. About a month ago, their new, extremely YOUNG general manager basically threatened him by saying that he needs to adjust his hours or else they would release him. He didn't say it like that, but it was implied. This manager does not know the in & outs of this branch of the company. He's been bs'ing a lot of the employees who've been at the company before this manager even came of age.

Now, they have just laid him off and they say it's due to the downturn in the economy. In my opinion, I think that they're just firing him to hire someone with less experience, therefor allowing them to pay them less. And this position is a MUST with this company. I also think they're looking for someone younger, as the person who got laid off is about 50 years old.

Does this constitute a wrongful termination? What are the possibilities for action?

Thanks.
Click to expand...
There is nothing in the law that says that a termination must be good for the employer.

However, have your friend prepare a consultative document. If and when they call him back, make sure they know it will cost $1K per day, 3 day minimum regardless of how long it takes to fix their problem.
 
justalayman

justalayman

Senior Member
company can require "on call" status at their discretion. Company can fire and hire at their discretion (in most situations).


About a month ago, their new, extremely YOUNG general manager basically threatened him by saying that he needs to adjust his hours or else they would release him.
Click to expand...
totally legal

the only possibility of an illegal termination that I can see is an age discrimination situation. I do not know all the rules and laws that apply so maybe one of the HR folks that frequent here can explain how that may be applicable, and what would make it so, or not applicable.
 
cbg

cbg

I'm a Northern Girl
It is not illegal to fire someone who is valuable to the company. It is not illegal to fire someone who is paid more in order to hire someone who is paid less. It is not illegal to fire someone because they cannot/will not change their hours.

ONLY if he is fired BECAUSE he is over 40 does it become illegal.
 
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