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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 115465
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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43 yr employee same Indian Health Service Health Center.

Customer Question

43 yr employee same Indian Health Service Health Center. Clear employee record. Suspended for insubordination 3 days w/o pay. Denied due process of the personnel policies of a corrective interview. They have nothing to show I was insubordinate.They have
stopped paying my health coverage because I'm eligible for Medicare. I believe they are trying to remove me from my position because I won't bend the rules.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Absent a written contract to the contrary, your employment was at will, which means that while the employer may have had internal procedures regarding discipline, they may still fire an employee for no reason at all or for any reason not based only on your age/race/sex/disability/national origin and the employee's sole recourse would be filing for unemployment. In unemployment, the employer's failure to follow the rules in how they disciplined and terminated an employee would be a basis for awarding of benefits, but legally that is not a basis for job reinstatement.

However, it sounds here like there is a potential for age discrimination based on them cutting your health insurance and the fact they have been harassing you because of your age and that is a complaint that can be filed with the EEOC, because the law says they must investigate first before you can pursue a complaint of age discrimination in employment.

However, outside of age/race/sex/disability/national origin discrimination, the only claim you can make is for unemployment and if they try to object to your benefits based on their allegations of insubordination, then their failure to follow their internal discipline rules would be basis for denying their objection and awarding benefits.
Customer: replied 1 year ago.
Your answer was based on the minimum information. You have not seen documents. Another employee shut the whole dept. A similar situation, nothing was done. My situation was minor compared to that. My 43 work record is damaged,they prevented me from meeting with representative from a large hospital. So there are other components to my concern.
Expert:  Law Educator, Esq. replied 1 year ago.
thank you for your reply.

Well, I do not have any way to know more than the minimal information you provided me, so please do not blame me for that. I have no knowledge of anything you do not tell me.

As I said, the laws are pretty clear though, you have to apply your facts (which you have not elightened me on) to them of course, but if they are treating you differently based on age/race/sex/disability/national origin, then this is a basis for filing the complaint with the EEOC, that is the first step no matter what.

However, the state and federal laws are also clear that if there is no age/race/sex/disability/national origin cause for the conduct towards you, then legally your only claim is in unemployment if you are an at will employee.

Contrary to what many employees seem to believe, there is no right to your job and no property interest you can sue over when you are an at will employee, so the grounds for suing upon termination are very narrow as I mentioned above. IF you have one of those grounds and evidence to support it, then you need to pursue your claim as I stated above.

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