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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4872
Experience:  Extensive experience representing employees and management
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I was terminated today after 13 years of dedicated service

Resolved Question:

I was terminated today after 13 years of dedicated service and told there was no reason as I have always done wonderful job. However, they just discover and had been having "closed" meetings with my Workmans Comp file for a knee injury I suffered at work in July 2012 and have been finally approved for surgery by the Insurance carrier. Do I have grounds for wrongful termination? I also might add that I gave them a tentative date of Dec 31st 2013 for retiring but that it was tentative. I intented to work until that date and possible beyond. I had absolutely NO advance notice. Just given a letter of thanks a small severance pay check and informed my employment was terminated effictive immediately.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

Yes, if you have reason to believe (no it definitely appears that you do) that you were retailated against for filing a workers' compensaiton claim you would have a case against your employer for wrongful termination.

Additionally, since you were about to retire, you would also have a possible case for age discrimination in violation of the Age Discrimination in Employment Act.

For the age discrimination claim, you should file 'a charge' with the EEOC as soon as possible, which you can do using the instructions available online here:

http://www.eeoc.gov/employees/charge.cfm


The EEOC will investigate the charge on your behalf and will either file suit on your behalf (unlikely) or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

It would definitely be good to have the right to sue letter, since an attorney interested in your case would likely want to sue under as many potential causes of actions as possible.

Joseph, Lawyer
Satisfied Customers: 4872
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

 


I found out today they brought in a 22 year old girl and they have already called me twice to help resolve accounting problems.


 


I will be visiting the SF Office of the EEOC early next week. I have also contacted my WC Carrier who is very upset they let me go since I have not made a big deal about this injury and followed all their instructions to try and resolve it before surgery.

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