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New Member
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Aug 24, 2008, 10:16 PM
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Fired employee with no warning/reason
My father got fired on thusday were he had been working there for 27 years, he is 55 years old (having a small amount of years to retire) ,the paper given to him said DISCHARGED, he was fired with no reason/warnings and without signing any documents... we don't know what kind of action we should take in this, should we sew them and get a lawyer?
Appreciated with your answers!
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Full Member
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Aug 24, 2008, 11:01 PM
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The info about this case is best learned from Gov. labor sources. If we can't understand why a company is doing something, the answer is usually "Money". The company may be experiencing financial problems, and reducing it's staffing levels to address costs. Age discrimination is the most prevalent form of discrimination in the work place at this time... That is according to Dept. of Labor presentations I have attended, and is based on the number of valid complaints received and processed by them. In any case, the company shouldn't fiddle about with government... doing that is expensive. Seek help from the government in determining what happened. He may not like returning to work for people whom don't want him... Good luck.
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Junior Member
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Aug 24, 2008, 11:02 PM
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I think maybe you should see the boss of your fathers company and ask them why he was fired. If they satisfy your needs then go to the government or someone higher than them.
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Full Member
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Sep 3, 2008, 06:29 AM
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First you should ask the reason for the termination of employment as suggested above. You need to ask why your father and not someone else as he appears to have a senority presence.
Many states are at will states and do not need to give a reason for termination, however, they cannot discriminate because of age.
If the reason is not a valid reason contact your nearest department of labor and file a claim with them.
If you need the contact information let me know which state you are in and I will get it for you.
Shirley
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Expert
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Sep 3, 2008, 06:31 AM
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This will all depend on where he worked, if the US what state. Was he a union employee, did he have a work contract with the company.
In fact in many states in the US, a person can be fired without any reason anytime a company wants to fire them.
All the company has to do is pay the unemployment on them.
What they can't do is fire them for a protected reason, race, sex, age , religion and so on.
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Uber Member
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Sep 3, 2008, 06:54 AM
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Hello a:
After 27 years of work, the only reason COULD be his age. Hire a lawyer, and SUE them.
excon
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Full Member
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Sep 3, 2008, 06:57 AM
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Originally Posted by excon
Hello a:
After 27 years of work, the only reason COULD be his age. Hire a lawyer, and SUE them.
excon
I disagree, there are many reasons a person could be terminated even after that many years of employment.
I am especially wondering why the papers said discharged and not laid off if it was financial problems.
Discharged usually means fired. There are many reasons you could be fired not relating to age.
Shirley
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Computer Expert and Renaissance Man
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Sep 3, 2008, 07:00 AM
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Most states are "at will" employers. This means a person can be fired for any reason except discrimination.
To prove age discrimination will not be easy. He will need to consult an attorney who will know what records to subpeona.
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Full Member
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Sep 3, 2008, 07:05 AM
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If a claim is put in to the Department of Labor for age discrimination they will launch an investigation into the claim. They are obligated to investigate all claims of discrimination.
Shirley
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Full Member
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Sep 3, 2008, 07:07 AM
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On another note it kind of depends on where you are. The west coast is more employee friendly and the east coast is more employer friendly.
If you are in Florida or Illinois you are not going to win a suit. If you are in California or Washington state you have a good chance to win.
Shirley
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New Member
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Sep 3, 2008, 08:25 PM
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Seek a lawyer and sue for wrongful dismissal, they will most likely try to stall but usually end up with a severance package of 2 weeks salary for every year he is employed. You have to be persistent though!
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