Terminated without any reason

[cbg]

If you were to go to the EEOC and claim age discrimination, eventually EEOC is going to go to your employer and say, what's up? Employer is going to point to the other employees who are over 40 and say, don't know what he's talking about. EEOC is going to come back to you and say, So, why would they fire you for being over 40 and keep all these other employees? And you will say....

 

[LdiJ]

I will not go forward if I do not have a case. Do not want to waste money and time on this.

Thanks all.

It still wouldn't hurt to just get a consult with an attorney. However, do file for unemployment ASAP.

 

[commentator]

If this person didn't file for unemployment as soon as they were terminated, that was a real bad move, since it's been six months. Available wages to set up a claim may be really reduced by now, if the person has not gotten another job.

If they did file for unemployment benefits, the company would have had to give some reason for the termination. If a person consulted with an attorney under these circumstances, the first thing the attorney might suggest is that they file a claim for benefits, to see what the employer is going to give as their reason for doing the termination. It will help to verify if there was some cause given, or if the employer will simply say it was due to a lack of work for the employee, etc. Filing for unemployment benefits if the employer did not have a valid job related misconduct reason to terminate is probably going to be the only recourse that is available to this person. Just because they are over 40 does not mean they can't be fired. It just means there might be a pattern of discrimination if the company makes a habit of firing their older workers for no good reason.

 

[cbg]

I will also point out that there is ALWAYS a reason for termination. No employer gets up in the morning and says, I don't have anything to do today, I think I'll fire someone.

The employee may or may not know what the reason is. Sometimes the termination is for business reasons and has nothing to do with them personally - it's just that they're pulling out of the widget market in South Dakota and therefore don't need a sales rep in the South Dakota office, for example.

The employee may or may not acknowledge the reason. I once had an employee whose conduct caused us to have the police in our lobby for an hour or so and when she was fired she was shocked beyond reason - there was NO reason to fire her, in her opinion! But her opinion was just that -her opinion. Our opinion was that her conduct justified termination. (She then went on to use "lack of work" as her reason for termination when she filed for UI, but that's another story.)

But there is a reason. I can promise you that. The fact that the employee was not told what the reason was does not mean that there wasn't one.

 

[davew128]

No employer gets up in the morning and says, I don't have anything to do today, I think I'll fire someone.

The late George Steinbrenner is on line 1 for you.

 

[shawnusa]

Thanks all for your advice.

I did filled an UI and found another job later. The whole thing came up after 6 months was I spoke with one of my friend and somehow we discussed about it last week, he think that I have a case, that is the reason I ask for advice here.

 

[cbg]

Lots of people think they, or their friends, "have cases". That's because lots of people don't really understand how the law works.

 

[cbg]

The late George Steinbrenner is on line 1 for you.

Okay, I'll grant you Steinbrenner. Will you accept, no living employer? Or possibly, no employer with any sense?

 

[commentator]

So when you filed for unemployment, what did you tell them was the reason you were let go? What did the employer say?

 

[davew128]

Okay, I'll grant you Steinbrenner. Will you accept, no living employer? Or possibly, no employer with any sense?

Donald Trump.

 

[cbg]

It doesn't count when he gets paid to fire people on camera.