My 72 yr old father was terminated yesterday from his employer of 6 years. He worked as a caretaker of mentally challenged adults. They stated that he was suppose to sign some forms on medication that he administered. My father stated that on the day the signature was missing was a day that HE DID NOT work. They fired him anyways. I believe they are taking advantage of him because of his age. My father is an excellent worker, has been his whole life. Is never late and has not missed a day in years. He needs the income and is at a loss right now. I want to help him and have tried to find info of US Dept. of Labor website. Can someone please give me suggestions on what to do. We can not afford a lawyer. All my dad wants is to work. Any advice would be helpful. Thank you.
2006-12-12 09:25:55 · 9 answers · asked by Ray 2 in Politics & Government ➔ Law & Ethics
If I was a neo-con I would say your dad was an incompetent lazy liberal and deserved to be fired,
But being I am a progressive liberal,
I will tell you to contact the ACLU
2006-12-12 09:30:35 · answer #1 · answered by Anarchy99 7 · 0⤊ 2⤋
There is a cause of action for age discrimination and if your father was fired for "cause" (not filling in his paperwork) and that was impossible (didn't work that day) then it looks like you have a pretty open and shut case involving age discrimination. Legal Aid should help you with this. Also call your local US Dept. of Labor - their compliance officer should be able to give you advise as to any local authorities who may supervise this. Keep in mind that the US DoL only has jurisdiction over employment contracts that arise from companies who have contracts with the US Govt. But your state EEOC may be perfect. In any event, get off the internet and start talking to some people. Good luck! Tell your dad "Happy Holidays" from me - he sounds like a great guy.
2006-12-12 09:31:29 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Have the company give him a written explanation of why he was terminated. Then take it to a lawyer and sue for age discrimination.
Some states will have greater protection than others, but realistically he should be able to invoke federal age discrimination laws.
In the mean time he should claim unemployment, which the company will have to pay.
2006-12-12 09:35:01 · answer #3 · answered by ZCT 7 · 0⤊ 0⤋
Sadly, this depends upon your state. In some states an employer can terminate a worker without listing an official reason, or can use any job-performance related reason regardless of substantiating information. This makes it very difficult to prove racial or age-related discrimination. I would try to find free legal council if the job was important enough to him…
2006-12-12 09:34:51 · answer #4 · answered by Kevin W 1 · 0⤊ 0⤋
1. Go to the Employment Security Office (unemployment).
2. File for unemployment benefits.
3. Talk with the counselor; they should be able to direct you thru the proper channels.
4. An employment lawyer should talk with you for no fee initially. If they feel you have a possible financially rewarding case, they should be willing to do on a contingency (i.e. 33% of settlement).
2006-12-12 09:33:49 · answer #5 · answered by mike s 5 · 0⤊ 0⤋
Unfortunately, this is a more complex case than can be answered online by people who may or may not be attorneys. Consultations with attorneys are almost always free. Go to your state bar association website and look for the referral section to find an attorney specializing in employment law. Or go to the yellow pages to find one.
2006-12-12 10:05:21 · answer #6 · answered by Caity.Esq. 2 · 0⤊ 0⤋
The most they should of done is give him a wright up. You can afford a lawyer. Look though the yellow pages for employee's rights lawyer and if you have a case they will take it and get there money after you win. If the lawyer feels he can't win your case he won't take it. Your dad can get them for wrongful termination. I think they got raid of him because of his age. Explain and tell the lawyer the same way you told us.
2006-12-12 09:37:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You should first find out if your state is a fire-at-will state. If so, a company can fire any person for any reason (or no reason at all) and the employer would be protected by that law.
2006-12-12 09:34:59 · answer #8 · answered by missyhardt 4 · 0⤊ 1⤋
they probably did it cuz he is so close to retireing or cuz he is costing them alot more money for health insurance. It's a crule fact but some companys do that, if your getting close to retireing they will try & let you go before. I dont know the law but it wouldnt hurt to contact a lawyer
2006-12-12 09:30:51 · answer #9 · answered by SoccerBoi 3 · 1⤊ 0⤋