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This is an obvious age discrimination issue, now proving it in court is another matter. You mentioned it was a small nursing home, is it independent operation or part of a larger corporation? If it's part of a larger corporation, a good lawyer could file a lawsuit that would ask for a copy of all emails his boss received. There's a chance that upper management wrote an email ordering his boss to fire him for a cheaper replacement. As always filing a lawsuit has some degree of risk involved, maybe your father should talk to a lawyer about this.
Not neccissarily...
How do you know that he hasn't slowed down? That's not age discrimination, that's just life.
I am not sure about this. I will ask him about it tonight. I think it is a small operation.
Quote:
Originally Posted by Hemlock140
They need only have 15 employees to be subject to EEOC discrimination law.
While this is true, it's unlikely there will be an email trail in a small organization. A larger organization is much more likely to have emails floating around that say fire all the old people earning too much, and replace them with young cheaper workers.
It's either age discrimination or a budget issue, possibly both. Something similar to me happened last year. I was given a raise by the contracting firm and was let go right after one day later. I never learned why. Best thing he can do is move on as best he can.
This is an obvious age discrimination issue, now proving it in court is another matter. You mentioned it was a small nursing home, is it independent operation or part of a larger corporation? If it's part of a larger corporation, a good lawyer could file a lawsuit that would ask for a copy of all emails his boss received. There's a chance that upper management wrote an email ordering his boss to fire him for a cheaper replacement. As always filing a lawsuit has some degree of risk involved, maybe your father should talk to a lawyer about this.
There's no evidence that this was age discrimination. Seems silly to jump to outrageous conclusions.
Hello everyone. First of all, thank you all for the help in advance. I wanted to reach out , because I have always found this message board to be very helpful and people knowledgeable.
So here is the situation. My father is 55. He had been the sole maintenance person at a small nursing home for the past 9 years. As a result, he was making a very good middle-class salary. About 1.5 months ago, they hired another guy that he trained. Then one Thursday, at the end of the work day, they called him in his boss' office and told him "things are not working out" and that they were letting him go. I obviously wasn't there, but according to him, they gave him no explanation and said "we don't have to explain ourselves" They also refused to let him see his personnel file. Then last Monday, they hired another guy, so they basically now have two people doing his job. They are both young and Probably combined make less than he did.
Now here is the strange part - he got no severance. He was literally let go one day, after 9 years, with no explanation, according to him. When he filed for unemployment, the bureau told him there were no marks on his record or anything like that, so it seems like it wasn't due to misconduct.
Anyway, my questions are two - 1) Is there anything he can do to access his employee file and find out why they fired him? he had never had any issues and last year, his boss gave him a discretionary $150 bonus for coming in for an emergency and always being available. So he is quite shocked by everything that happened.
2) I thought people usually get severance if they are let go for no cause. Is that the case? Is there anything he can do to seek out some severance for the 9 years he had been there?
He is quite nervous, as he is a maintenance worker and has never not had a job. He has been pretty responsible and has very good savings and I am well-off, so if he needs it I will obviously help him. But, I think he is terrified of the idea of not working and being home all day and he is worried no one will hire him at 55 for manual work, even though he is quite fit (bikes 35 miles 3x a week).
Thank you again
Regarding your comment about severence, do you mean unemployment? Make sure he applies, anything will be good to hold him over until he decides what he is going to do about bringing in some income.
I don't know, if someone 55, that's been working on a job for 9 years and earning a good income, is replaced by not one, but two younger workers, how could it not seem age related?
Don't know the exact details, what was the performance of the father? Did it get better or was there any reason why the father would start training a younger guy that eventually replaces him?
I agree it sucks, but that's at will employment for you.
he was old they fired him. he needs to apply for UIB and that will force the issue.
he is more than likely been the victim of age discrimination.
discovering you are incompetent 6 months before retirement and then firing you is very common.
he needs to retire not be fired. but that would cost the company money
I don't know, if someone 55, that's been working on a job for 9 years and earning a good income, is replaced by not one, but two younger workers, how could it not seem age related?
Don't know the exact details, what was the performance of the father? Did it get better or was there any reason why the father would start training a younger guy that eventually replaces him?
I agree it sucks, but that's at will employment for you.
Because of probably cause. You cannot assume the worse. Especially in this case where there are obvious other reasons. Most likely he was fired because the younger employees have lower salaries and/or they are more efficient at the job.
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