• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

age discrimination?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bruceb4368

Junior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? SC
I recently was fired, released, terminated whatever thru no fault nothing I did wrong, my boss told me he didn't want to do it but the new manager did not want to work with me. The new manager was a co-worker that got promoted, the day he got promoted he told the owner he didn't want me working there, so the owner fired me.
I got a good letter of recommendation from the owner and there was never any write ups or complaints about my work. The new manager is 25 I am 53 he has told me before I was older than his dad and made other age related comments, which I let roll off. As soon as I was out of the door, he hired a friend of his to replace me, the friend is around mid 20's. The owner said he tried to reason with the new manager not to let me go because they would have to hire and train someone else and the manager said no. It is bad enough that they promoted this guy to manager, even though I have 30 years experience, but he let it know that he did not like me and I should not be there.
Do I have a case of age discrimination, or just stupidity, EEOC will not touch it because the company has less than 20 employees. It is very difficult for me to get a job because I was self employed for over 21 years and my age. Another mistake I made was telling the owner I had a mental illness, depression and bi polar disorder, he never mentioned it but I can't help thinking it was in the back of his mind.
I really appreciate some ideas, even though I will get unemployment benefits, I am very afraid of being unemployed because of the depression, and the unemployment benefit is very low, which I plan to fight too.
 


ecmst12

Senior Member
If the company is too small to fall under the title VII rules, then there really isn't anything you can do.
 

commentator

Senior Member
You cannot sue for a raise in the amount of your unemployment benefits. The amount of your unemployment benefits is set at the state level and will have an upper maximum which in S.C. is quite low, even if you qualify for the max.

If they have all the wages in place that you have made in the last 18 months, then what your unemployment sets up for is not negotiable. You have not paid into the system in your state, and you may not even have wages in all the quarters used since you were self employed for so long.

I think the best thing for you to do is try to move on, find another job and get over this bad thing which has happened. It was rotten of them, it felt unfair, but that's the way it is.

You might want to check with rehab services in your state, though heaven knows they've been cut to the bone recently, but they may be able to help you with finding another job. But if you don't have a case, you can't sue your former employer, and you can't sue the state unemployment system for not paying you enough, the only alternative you have is to get another job somewhere and move on.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top