Employment Law Questions? Ask an Employment Lawyer.
In order to answer this, I need to know if your employee handbook or any other personnel policy specifically states that you will lose your pension rights if you are fired. Also, what were you fired for? It would help me to know these answers before I decide how I can best help you. Thank you.
Thank you for your response.
If she did smething that is ordinarily considered to be unethical or a violation of standards, then she is wrong. It does not matter if someone else did this and they got their job back, because every case is different, and you may not know all the facts of the other person's case.
The law does protect pensions, and also if you are "vested" they cannot take that away because the "vesting" is considered similar to a contract. Unless personnel policies or the union rules state specifically that she can lose her pension if she is terminated for misbehavior, then it cannot be taken away rom her without legal repercussions.
In order to maintain a claim for age discrimination, the person has to show that she was treated differently than others who did what she did, strictly on account of her age. If the employer offers a reasonable business reason for treating her differently, she then has to show that the employer's excuse is just a pretext for age discrimination. This is a high burden of proof.
She has six months from the termination date to file a complaint with the EEOC and there is no charge for doing so. She should go to the EOC office in her city or county. They will assist her to file the complaint, which will then be forwarded to her emplolyer for response. The employer's response will be given to her and she can always write a rebuttal if appropriate.The EEOC will then attempt to resolve the dispute. If they cannot do so, they will give her a right to sue letter and she can then file a suit against the company in Federal court.
I am not sure she wants to do this at her age, but that would have to be her decision. I hope this gives you and her some guidance. Best of luck to you both.
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