Anonymous-0
Well-known Member
Unless they got rid of you about the same time you were up for retirement or they stated age was a factor the attorney was probably correct in telling you there's no case. To be sure try asking other attorneys. Best of luck.
Well, the first question is: what kind of atty did you talk to?? You wouldn"t go to a heart man for a leg problem, and altho atty"s often represent themselves as "universal" they often shy away from cases outside their experience.
Even assuming your case is valid, and that there"s a labor/employment law atty available in your area (I mean one who represents claimants, not companies) your case depends on circumstances, like, f"rinstance:
Is your company too small to sue?? (no return for atty)
Too big to sue?? (local atty afraid to take on community biggie thru fear of loss of other business)
Would this be a state court case, brought under state laws, and, if so, is your state appeal or supreme courts unfriendly to claimants (atty"s fear of putting in a lot of work, losing all on appeal)
And so on and so on....you need to research this in your state, or maybe find a paralegal who will, to get an idea of your chances...Good luck.
Even assuming your case is valid, and that there"s a labor/employment law atty available in your area (I mean one who represents claimants, not companies) your case depends on circumstances, like, f"rinstance:
Is your company too small to sue?? (no return for atty)
Too big to sue?? (local atty afraid to take on community biggie thru fear of loss of other business)
Would this be a state court case, brought under state laws, and, if so, is your state appeal or supreme courts unfriendly to claimants (atty"s fear of putting in a lot of work, losing all on appeal)
And so on and so on....you need to research this in your state, or maybe find a paralegal who will, to get an idea of your chances...Good luck.
cj in wisconsin
Member
Same thing happened to my dad after 27 years. He took it to court, total waste of time. The laws favor the employer a lot in Wi. He lost his retirement and got screwed over big time. This was from a small town phone company, but they are still regulated by the public service commision. Needless to say I no longer use their services.
LP GAS ONLY
Member
If you just got let go for no reason (poor performance, holding up the line ect.) You just might want to go back and see if you can get your job back. After putting up with that kid, If he is anything like we get at our shop,You might even get a raise to come back. Good Luck.
Gary
Gary
Anonymous-0
Well-known Member
I prefer to avoid negativity as much as possible, but it is becoming very apparent that a lot of people live in thankless society the way things are getting, don't know the particulars of your situation, but I can tell you, I've seen this coming for years, and to an extent despise many private sector corporations because of it. Unless you are a member of a union or have some other solid arrangement in regards to your job security, benefits and retirement, it's every man for himself now. People knock unions and there is 2 sides to every story, but one thing I can tell you at least from construction trade unions, they get their money, they hound the companies to pay up or the workers sit, when these guys retire, there is none of this BS. All the crews I ran, the guys worked, were productive and the company profitable, when their time is up, they deserve the best benefits for what they did all those years. I'd still fire someone when necessary, and would take it up with a delegate or business agent if need be, but a person who shows up, is safe and productive has no worry about losing a job unless times are bad in the business, nothing is perfect. Don't need a debate about union vs non union here, so don't bother please.
Private sector, you are on your own to plan your retirement, if you don't start young now, you're in deep sh$T, but then theres the health benefit thing, your retirement has to include providing some decent benefits, you get seriously ill or injured today, might just put the other leg into the grave, you're done.
The younger generation really needs to understand the climate today, these companies want one person to do the job of 3, using minimal resources, they want you on the job long hours, 12 a day, they will chop your benefits to minimal coverage, retirement......... hey what's that??, you have to do it yourself, and for the most part, your relentless dedication to a company is a thankless job, unless.... you are in the upper management/executive circle tighly bound into the nucleus of the top management/executives, you're nothing but an expendable pawn. Stay in one place/company too long, you'll never realize your full salary potential. May not apply to all, but it's something a young person had better realize before dedicating a career to company. Another thing I've noticed is that if you're a family person, and that job is just indispensible, these employers know they've got you, where you going to go, you can't not have a job and have a family to support. If you're not a family person with a busy life, they look at it the other way, what is so important that you have to leave or can't commit to extra responsibility or workload, it all changes after the interview, 6 months to 1 year later your workload has doubled, your santity compromised and the pay the same, may not happen to all, but I've seen it quite a bit.
My mother taught phys. ed. for 40 years, and towards the end, same thing, they could hire 2 people for what she stuck out all those years to earn, and in the end, it was so sour, she and several others of similar longevity refused whatever retirement celebration was offered, the younger administration was so nasty and tried to make all of em quit by effing with them in those last few years, and she was so dedicated that even after having been hit by a car and suffering life long debilitating injuries that should have ended her career, she still went back to the job for 4 more years, debilitated and in pain. Thankless job, after 40 years of putting up with kids, then the last few tough years, if it were not for the NYS teachers union, they'd have done the same thing, and retirement, she's got a NYS tier 1, if that were not the case, health issues would have ruined her alone. She is retired, fixed income 3/4 pay + full benefits, the price 40 years of dedicated service. Today, you don't get sh$t for that same price !
This is no joke, it is every person for themselves, today young people need to understand, you had best build your career on the most solid ground you can find, and build as much as you can off it, if you don't have any protection like a union or other arrangement. No one I know has become financially secure working for private sector companies or small business's as an employee, the only successful ones were those who were able to get into top management positions, trades people in unions, or those who bridged the gap into their own business's, working hard to make it successful to realize a much better profit than the company man gets in a salary today. These are tough facts to grasp, but you let those years go by and don't plan your financial future, you'll be on the street. That social security statment you start getting in your 30's ought to tell you how important this is.
I think in your situation, maybe you can be a thorn in their side, if you did your job in good faith to the company and they rooted you out, why the heck not, but don't dwell on it, move on and get going, time is of the essence, you'll have to adjust and make the best of what you can, no time to lay down that is for sure.
It sounds harsh, maybe there's more to consider, but I think it's high time people realize where they are headed before embarking on lifes journey. Just an opinion, I don't want any debate, if someone disagrees, that's fine with me.
Legal to Reduce health benefits after 65
Private sector, you are on your own to plan your retirement, if you don't start young now, you're in deep sh$T, but then theres the health benefit thing, your retirement has to include providing some decent benefits, you get seriously ill or injured today, might just put the other leg into the grave, you're done.
The younger generation really needs to understand the climate today, these companies want one person to do the job of 3, using minimal resources, they want you on the job long hours, 12 a day, they will chop your benefits to minimal coverage, retirement......... hey what's that??, you have to do it yourself, and for the most part, your relentless dedication to a company is a thankless job, unless.... you are in the upper management/executive circle tighly bound into the nucleus of the top management/executives, you're nothing but an expendable pawn. Stay in one place/company too long, you'll never realize your full salary potential. May not apply to all, but it's something a young person had better realize before dedicating a career to company. Another thing I've noticed is that if you're a family person, and that job is just indispensible, these employers know they've got you, where you going to go, you can't not have a job and have a family to support. If you're not a family person with a busy life, they look at it the other way, what is so important that you have to leave or can't commit to extra responsibility or workload, it all changes after the interview, 6 months to 1 year later your workload has doubled, your santity compromised and the pay the same, may not happen to all, but I've seen it quite a bit.
My mother taught phys. ed. for 40 years, and towards the end, same thing, they could hire 2 people for what she stuck out all those years to earn, and in the end, it was so sour, she and several others of similar longevity refused whatever retirement celebration was offered, the younger administration was so nasty and tried to make all of em quit by effing with them in those last few years, and she was so dedicated that even after having been hit by a car and suffering life long debilitating injuries that should have ended her career, she still went back to the job for 4 more years, debilitated and in pain. Thankless job, after 40 years of putting up with kids, then the last few tough years, if it were not for the NYS teachers union, they'd have done the same thing, and retirement, she's got a NYS tier 1, if that were not the case, health issues would have ruined her alone. She is retired, fixed income 3/4 pay + full benefits, the price 40 years of dedicated service. Today, you don't get sh$t for that same price !
This is no joke, it is every person for themselves, today young people need to understand, you had best build your career on the most solid ground you can find, and build as much as you can off it, if you don't have any protection like a union or other arrangement. No one I know has become financially secure working for private sector companies or small business's as an employee, the only successful ones were those who were able to get into top management positions, trades people in unions, or those who bridged the gap into their own business's, working hard to make it successful to realize a much better profit than the company man gets in a salary today. These are tough facts to grasp, but you let those years go by and don't plan your financial future, you'll be on the street. That social security statment you start getting in your 30's ought to tell you how important this is.
I think in your situation, maybe you can be a thorn in their side, if you did your job in good faith to the company and they rooted you out, why the heck not, but don't dwell on it, move on and get going, time is of the essence, you'll have to adjust and make the best of what you can, no time to lay down that is for sure.
It sounds harsh, maybe there's more to consider, but I think it's high time people realize where they are headed before embarking on lifes journey. Just an opinion, I don't want any debate, if someone disagrees, that's fine with me.
Legal to Reduce health benefits after 65
TomH in PA
Well-known Member
As I understand it, you would have to show that the company has a pattern of doing this to older employees and that there was no other reason for the layoff. Both would be difficult to prove.
But the first thing for you to do is look in the mirror, decide what you have to offer other employers, and start applying. There are jobs available for you. It's tough to make a big change like you're going through after all those years, but these things have a way of working out.
But the first thing for you to do is look in the mirror, decide what you have to offer other employers, and start applying. There are jobs available for you. It's tough to make a big change like you're going through after all those years, but these things have a way of working out.
First of all age discrimination starts at 52! That is a government statistical fact.
1. Start with the Labor and Industries agency. They can help get an investigation started.
2. If you qualify try legal aid. If there is a law school around try them for help. Either legal aid or law schools work these type cases much more vigorously. Lawyers dont like these cases very much there isnt a pot of gold to be had.
3. If you are a member of ARRP try finding a case lawyer that has age disc from them. Or contact your local county bar association for a better referral.
4. Since you have Inet access research this issue on the net. You may have to fight it yourself.
To bad you dont belong to a good union,this would not have gotten past the shop steward.
Good luck I wish you all the best.
There are many variables to consider. Many states are legally defined as "at will" in regard to employment - as it is here in New York. That means anybody can fire anybody at any time for any reason - with no notice -EXCEPT for reasons that are prohibited by law - or for contract workers. Same goes for employees who want to quit without giving notice.
In your circumstance - I don't know what state you are in - and I don't know if your employer told you you are being fired only because of your age. If so -they are being kind of foolish since chances are - they don't have to tell you anything.
Now - getting away from the law and onto the word "descrimination." It is not in itself an evil word. We all discriminate all the time - if we didn't we wouldn't live too long. To be specific about descrimination with employment? Personally, I think anybody who takes the risk and headaches of owning and running a business ought to be able to hire - and fire - for any reason they choose. No - it won't always be fair - but becomes worse when someone tries to fix it with legalities.
In whatever state you live in - there will be a protected class of people - spelled out in legal documents. If you can prove you were fired solely because you are someone that's on that protected-class list - then you have a case.
In your circumstance - I don't know what state you are in - and I don't know if your employer told you you are being fired only because of your age. If so -they are being kind of foolish since chances are - they don't have to tell you anything.
Now - getting away from the law and onto the word "descrimination." It is not in itself an evil word. We all discriminate all the time - if we didn't we wouldn't live too long. To be specific about descrimination with employment? Personally, I think anybody who takes the risk and headaches of owning and running a business ought to be able to hire - and fire - for any reason they choose. No - it won't always be fair - but becomes worse when someone tries to fix it with legalities.
In whatever state you live in - there will be a protected class of people - spelled out in legal documents. If you can prove you were fired solely because you are someone that's on that protected-class list - then you have a case.
jose bagge
Well-known Member
Actually, if you are over 40 years of age you are in a "protected" category just as a woman or minority might be, and a claim could be made even at that age.
However, as far as an actual case goes, you would need to prove one of the following:
1. That the company has a pattern of terminating older employees rather than younger ones for similar issues;
2. That you were terminated without cause specifically because you were an aged employee.
3. That younger employees were not terminated for the same issues (if cause was given).
As far as terminating highly compensated employees and replacing them with cheaper help, in a "right to work state" the company can legally do it- although it is absolutely reprehensible. Circuit City recently did this in Virginia, and the negative publicity from this is probably the reason their business has tanked and their purchase by Blockbuster is immenent.Most of the "highly compensated" associates are typically older because their wage is based on tenure.
I am NOT an attorney, but i am pretty familiar with HR issues of this type since I have a lot of employees.
However, as far as an actual case goes, you would need to prove one of the following:
1. That the company has a pattern of terminating older employees rather than younger ones for similar issues;
2. That you were terminated without cause specifically because you were an aged employee.
3. That younger employees were not terminated for the same issues (if cause was given).
As far as terminating highly compensated employees and replacing them with cheaper help, in a "right to work state" the company can legally do it- although it is absolutely reprehensible. Circuit City recently did this in Virginia, and the negative publicity from this is probably the reason their business has tanked and their purchase by Blockbuster is immenent.Most of the "highly compensated" associates are typically older because their wage is based on tenure.
I am NOT an attorney, but i am pretty familiar with HR issues of this type since I have a lot of employees.
Check with a specialist. IMHO, if you live in a "at will" state, like Michigan, you will have a hard time proving it. Also, did you sign anything on the way out the door? Many corporations will have you sign a waiver, which will prevent you from claiming discrimination. And if you go to court, be prepared for a long fight, they will drag it out for years.
landlord7012
Member
Good reply!
Bill
Bill
cadet trooper
Well-known Member
If I got rid of everyone in my department over 50 I would have one apprentice and he is far from being ready to be a journeyman there seems to be no one in skilled trades under 50 that wants to do what it takes to get there and at 61 I want to retire when the time comes but I know they are going to make an offer I can't refuse. My oldest son has worked in an automotive plant since he was 20 and he just turned 40 he said I know I only have 10 years left before they try to push him out so he is positioning himself to try and survive if they find some trumped up reason to get rid of him because he said he see's it all the time there were two guys that were walked out at 52 the other day because they were two minutes late from break two weeks in a row and the line hadn't even started back up yet. He didn't go into maintenance because he's seen me spend too many hours at work in my early days and wanted more time at home with his family, sounds good but just doesn't cut it these days.
Goose
Well-known Member
It's not worth the hassle. Sure, it would be nice to prove a point, but all you'll do is waste time, run up attorny's bills, and fall farther behind financially.
Hatred and self pity can destroy you if you let it. Forget it and go job hunting. And don't be picky. Take anything that will keep you occupied and put food on the table. You can continue to check options as you go. Corporate head-hunters and HR professionals will tell you that in today's climate, job hunting needs to be an ongoing process, not just something that's done when necessary.
Without going into details, I got fired at age 62 and a few months later I got the best job I'd ever had. I worked there 10 years and tried to retire. A couple of months ago, after 3 1/2 years, they called me back to work. You don't know what's out there till you look.
Hatred and self pity can destroy you if you let it. Forget it and go job hunting. And don't be picky. Take anything that will keep you occupied and put food on the table. You can continue to check options as you go. Corporate head-hunters and HR professionals will tell you that in today's climate, job hunting needs to be an ongoing process, not just something that's done when necessary.
Without going into details, I got fired at age 62 and a few months later I got the best job I'd ever had. I worked there 10 years and tried to retire. A couple of months ago, after 3 1/2 years, they called me back to work. You don't know what's out there till you look.
steveormary
Well-known Member
Some years back I was among several that got laid off.I tried to get my job back but no luck there. A few weeks after the layoff the company had a new 4 wheel drive Ford pickup tp drive about 6 blocks one way to pick up parts. I think that pickup cost about what my years wages would have been. Oh,I was 50 then.
I went to work for myself after that.
steveormary
I went to work for myself after that.
steveormary
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