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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 10041
Experience:  JD, MBA
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I am 65 years old the boss just brought me my final check what

Customer Question

I am 65 years old the boss just brought me my final check what I can get there are going to be a bunch of computer changes in office and thinks it would be too stressful for me - in Dec. I was diagnosed with accute stress disorder part of this was from personal and the
other was a new very controlling boss - do I have any chance. I now have to live on social security which is not going to be enough. I had 40 hours of personal time left they paid me until end of month or 5 days - work a 3 hour day. The boiss says I have been real tense - well if the new boss would not be yelling at employees in front of me that would have helped/
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

I'm not entirely sure that I understand the facts here. Can you clarify the situation? Why do you think that you were terminated? Also, did your employer know about your acute stress disorder? You also ask if you have a chance. Have a chance at what? I'm not sure what you're seeking to do.

Thank you.
Customer: replied 1 year ago.

sorry, - I had the stress disorder in Dec. took two days off and then returned to work - doc wrote letter excusing me. The boss came to my house and said he noticed how tense I had been and there would be a bunch of computer changes - but no real explanation of why I was being terminated. Guessing they are afraid I would not adapt to changes or too much change for me to handle - I really do not know. thanks(husband was witness to conversation)

Customer: replied 1 year ago.
Relist: Other.
wait for answer
Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Based upon what you wrote, there does not seem to be enough evidence to conclude that anything unlawful occurred. If a person has no employment contract that limits the reasons that he can be terminated, then he is considered an employee at-will. The employment at-will doctrine states that either the employer or the employee may end the employment relationship at any time and for any reason. Over the years, courts and legislatures have carved out narrow exceptions to the employment at-will doctrine for illegal discrimination and retaliation, but they are exactly that -- Exceptions. If the exceptions don't apply, then the courts will simply view the termination as a lawful business decision, and therefore, such a decision will not be overturned even if it was unfair or can be proven to have been poorly made. It sounds harsh, but it's that same principle that allows the employee to immediately quit that job if he were to find something better. In other words, the employer is not shackled to the employment relationship any more than the employee is shackled to it.

But, if you were terminated because of age or your medical condition, then you may have indeed have a case against your former employer. Terminating you for either reason would be illegal discrimination. Generally speaking, the first step in dealing with illegal discrimination is to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with the employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then a person can request a right to sue letter, which gives her the right to sue her employer for violating the law. The EEOC's website, located HERE, explains how to file a charge.

So, the real question now is the reason that you were terminated. Unfortunately, I don't know why. However, considering you no longer work there, I don't see any downside to filing the EEOC charge to see where it goes. It certainly can't hurt you, and it could lead to a positive resolution.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 10041
Experience: JD, MBA
TJ, Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Relist: Other.
wait for answer too long tried to get more info please
Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Do you need additional information? I'm unclear what more you need. Can you please clarify?
Customer: replied 1 year ago.


thanks

Expert:  TJ, Esq. replied 1 year ago.
You are quite welcome. Thank you for using our service!
Customer: replied 1 year ago.

no more info I wil get my own lawyer

Expert:  TJ, Esq. replied 1 year ago.
Okay, no problem. I wish you the best!

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TJ, Esq.
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