I was fired today. 3 weeks ago I told my employer that I would have an operation soon. My work record is perfect. My boss has made comments about my age (58).
by 
natureboy
ANSWERS: 23
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that sucks...
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if you are in the UK go and consult the Citizens advice bureau. were you the only person to be fired?
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I am so sorry....where do you live? You didn't ask for opinions or advice...but if we can help in any way, you've come to the right place.
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SUE SUE SUE SUE!!!!!!!!!!! You can totally sue... I should know I used to do Worker's Comp law.
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File an age discrimination charge with the Equal Employment Security Commission. Age discrimination is not only against the law, but it's the fastest growing form of discrimination as well. You don't have to accept being discriminated against because of your age!
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Ideal opportunity to sue and secure retirement!!
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I live in SC. I was told that the decision was made on the basis of seniority. Usually salespeople are hired & fired on the basis of performance. My sales performance was superior to the other 2 reps in my area. After I told my superiors of my health situation I was reminded that the company was self insured. Their attitudes toward me changed that day. I've been refered to as "the old guy" in the office.
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It looks and sounds to me, like you may have grounds for some sort of "wrongful termination" action. Do you have proof that you told your boss about the operation, (like a signed paper, notifying them about your expected absence, or your bosse's secretary hearing you, etc.)? Did you tell any co-workers that you were going in to tell your boss about the operation? Do you have a "union" that you can file a grievance with? Does your company have an "employee assistance" program, which my arbitrate you getting your job back? If not, you should still contact the Board of Labor in your state, to see if there are any other options. They should be able to instruct you of some course of action to take. If they can't help you, you could always consult a lawyer. It's getting pretty bad in the workforce, these days, with companies terminating lots of older, higher seniority employees, and replacing them with younger, sometimes cheaper labor. It really sucks, what happened to you, and I really hope there is some remedy for your situation.
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Please seek a consultation with an employment law attorney in your area as soon as possible. Since you are over the age of 40, unless your former employer can show some legitimate reason for retaining the younger employees over you, you may have a claim for age discrimination. In addition, make sure to sign up for the COBRA health coverage available through your former employer IMMEDIATELY. You'll have to pay for this out of pocket, but it's cheaper than attempting to get coverage individually. It'll also send the message to your employer that getting rid of you was not a way to save on insurance costs.
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You not only have a cause of action for age, but also because of health reasons. The comment that the Company was "self-insured" refers, in my experience to Worker Compensation Insurance, not medical. I recommend that you find an employment attorney (see the phone book for the local Bar Association, they should be able to refer you to someone competent). In addition, pay the COBRA premium, then have your operation. For the few hundred dollars you pay for coverage, the insurance company will pay out thou$and$.
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Definitely sue for wrongful termination.
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Sounds like discrimination to me. I would talk to a lawyer.
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Sue the shit out of that company.
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Definitely sue for wrongful termination.
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file for unemployment and hold off on your operation for awhile.
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SUE SUE UNTIL YOU TURN BLUE!!!!! YOU HAVE THE GROUNDS ESPECIALLY IF SOMEONE HEARD IT AND WILL COME FORWARD BUT SUE JUST THE SAME...
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See if you have a case. There isn't enough information here to tell. It also depends on the type of employment you had contract vs. employee, right to work state, fired vs. laid off because your job no longer exists, etc.
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You can TRY to litigate, however it will be your word against his - your word being that he fired or terminated you unjustly, his word being ________ (fill in the blank with the excuse he gave when he terminated). It is one thing to make a claim of unjust termination, it is another to prove that your boss fired you because of your age. Used to be folk could be fairly certain that they would win against their employer - however with suits being raised which were based on the employee lying, well now the law is a bit more careful and slow to slap the employer. The Employment department (or labor board) what ever it is called in your state would be the best place to start. Not to immediately file, but to learn more about the process and what your case needs when you file to get a win in court.
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This is why we badly need Unions and everyone need to demand better treatment of workers.
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You did not ask a question, but I presume you want to know if you have a case against your employer. More information is needed to answer that question. What was the reason given for your termination? As for age discrimination, did your employer hire someone else for your position? Was that person under 40?
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You have an excellent case on at least three fronts: 1. Age discrimination, 2. Family Medical Leave Act, which provides job protection for up to 12 weeks, 3. Unlawfulful termination. Based on your sex and race, there could be other actions available. Contact your local EEOC Equal Employment Opportunity Commission office. You'll find them in the phone book under "US Government". Good luck.
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I agree, sue the bastard! Your age is your bussines
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Definately sue for age discrimination and violation of FMLA. Make the employer sweat.
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