[ashleysb]

This question is not actually for me, but for my dad. He is 47 and has been working for an international company for 16 years. Up until the last year everything was going fine at his job, he got promoted, mostly because he is a work-aholic. My parents are divorced, and even being younger, going to visit my dad on the weekends, they would always want him to come to work. For the last 2 years, at least, he goes in at 5 am and comes home at 6 pm, then only to do paper work for 2 more hours.
In June, he slipped down some stairs at home and broke his foot. He took one week off, then his boss wanted him to come back to work. So he did, with a cast and crutches, and for the same hours. Then all of a sudden the company started firing the older men who had been working there for years and replacing them with younger men. The reasons they gave the ones they were firing were strange and untrue. A few months later my dad gets wrote up for "not doing his job." After that he had a 90 "probation" to prove himself I guess. Monday morning, he went into work and they told him he was fired.
My dad and some of the other men who got fired think it was because they had been there so long that the company could hire two new guys and pay them a lot less then the ones that had been there for so long. Today my dad called the Department of Labor to see if there was anything he could do. They said they could investigate if he wanted them to, but they didn't think they could do much because some young guys were fired recently too?
They did agree to give him severance pay, but is this legal? Can a company just fire you for a pretty much illegitimate reason?

[Sentra]

It depends on the state, this might help.

http://en.wikipedia.org/wiki/At-will_employment

http://en.wikipedia.org/wiki/Right_To_Work

Yes, there are companies that do that, many who don't give any sort of benefits after a termination. I wish your father well, as it sounds like another job hunt for him after a long time, and you as well.

[excon]

Hello ashley:

No, they are not allowed to fire a worker because of his age. If you can PROVE it, you've got a case. Firing younger guys is their way around it. But, don't let 'em get away with it. Hire an attorney.

excon

[ScottGem]

Age Discrimination is illegal. But its difficult to prove. I think your father should contact other older workers who were also let go and together they should consult an attorney. There is a decent possibility of a class action suit.

[s_cianci]

Unless there is a formal, signed written contract which stipulates the terms and conditions of employment and the reason(s) that one can be discharged or resign, then employment is considered to be what's called "at will", meaning that the company can hire and fire who they want whenever they want (unless you can prove discrimination based on a protected class, such as age, race, gender, etc.) and, likewise, the employee can quit whenever (s)he wants. In your father's case, it sounds like he may have been the victim of age discrimination. However, that'll be very difficult to prove and it sounds like the company went out of their way to make sure they covered their tracks in this regard (by finding an excuse to write your father up for "not doing his job" and by recently firing a couple of younger employees as well.) Companies, unfortunately, usually know how to cover themselves pretty well when they want to get rid of someone so that it doesn't come back to haunt them in the form of a lawsuit which ends up costing them thousands of dollars regardless of the outcome. I'm sorry, but it's time for your father to accept the severance deal and look for another job.