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JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11297
Experience:  Government and private sector employment law experience
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Hi, my name isXXXXX I lost my job in early April

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Hi, my name isXXXXX
I lost my job in early April of this year and I believe it was related to age discrimination and for medical reasons. I was refused unemployment Insurance because the manager said to the owner that I walked in and quit. I called the owner and he said Tom the store manager said I quit but I could get disability through his insurance, and he also said "Why don't you claim unemployment insurance you will probably get it".

I told him I did not quit, That Tom was just looking for an excuse to get rid of me because he felt I was to old for the job. Many times he would needle me about my age. At one time he called me an "Old Goat" and he also was fond of saying that I knew Abe Lincoln" and other” old man” remarks which I did not like, but felt I had to take it to keep my job. The owner believed Tom so I took the disability insurance because at the time my back was still in bad shape. After my back was healed I applied for unemployment benefits But the owner and Tom signed papers stating that I quit so I was denied UI. I have asked for a hearing about 5 days ago, but no hearing date yet.

I really do not know the best way to proceed. Do I file an age discrimination claim with both the state and the federal government now?
Also is there any protection under the law about letting an employee go on medical grounds? I hear that when I get the hearing date there will be Attorneys on a list who will take my case for 2 weeks of my UI benefits. Which would be $346.00. Can you recommend an attorney ? Of course thousands of dollars for an attorney would be to much for me. I am 71 on social security and get some dividends from investments. All total $2,100.00 a month. I need the unemployment benefits to survive. I have to win this case one way or another. Can you help? Fred Passin, XXX-XXX-XXXX.( Cell phone)
Submitted: 12 months ago.
Category: Employment Law
Expert:  JBaxLaw replied 12 months ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service. I see that you were terminated and you feel age may have been a factor. Age discrimination is prohibited under federal and state law. A I am going to supply you with a list of all "protected classes" in the event you find that you also want to pursue other types of complaints. For example, disability. I provide this example specifically because you mention termination due to a medical condition. If the condition is a disability, this may amount to employment discrimination based on disability.

Federal and state law provide protections for certain "classes" of persons from employment discrimination. Those laws do not protect against all practices which seem unfair, rather it is only a discriminatory act against a specific class of persons which is prohibited. Here are those protected groups:
•Age•
Disability
Equal Pay/Compensation
•Genetic Information
•National Origin
•Pregnancy
•Race/Color
•Religion
Retaliation
•Sex
•Sexual Harassment

If you believe that discrimination was a motivation in the employer's action, then you may want to consider pursuing a claim with the US Equal Employment Opportunity Commission or EEOC. If you fail to file a complaint with the EEOC timely, then you may be barred from pursuing a civil suit later. The deadline can be as short as 180 days from the last discriminatory act. You may file a complaint by going to the following link:
http://www.eeoc.gov/employees/charge.cfm

An attorney is not needed to file a complaint with the EEOC. You may consider obtaining representation if you are informed by the EEOC of a right to file suit. Attorneys sometimes take these cases on a contingency fee basis. This is an arrangement in which the attorney is not compensated unless they are successful with the claim.

As to the unemployment appeal, an attorney is not required. You may consider obtaining one however and if you do you may want to use the bar association lawyer referral service. This service will match you with an attorney meeting your needs. You can contact that service here:

http://www.nysba.org/AM/Template.cfm?Section=Need_To_Hire_A_Lawyer_

I hope you will be so kind as to leave a positive service rating. I would appreciate it. I rely on these ratings to provide this information. Please follow-up as needed.

Thank you




Customer: replied 12 months ago.


Thank you,


Do i file with the ECOC for disability letting go reason? Do you feel I have a good case?

Expert:  JBaxLaw replied 12 months ago.
A complaint can be filed with the EEOC for terminations based on discrimination due to age or disability or both. Determining whether someone has a strong case is complicated and involves a detailed analysis. The site terms do not allow me to provide that type of opinion. I hope that you understand. I am limited to providing information. Please follow-up as needed. I hope that you will be so kind to leave me a positive service rating. I appreciate it.
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11297
Experience: Government and private sector employment law experience
JBaxLaw and other Employment Law Specialists are ready to help you
Expert:  JBaxLaw replied 12 months ago.
Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again

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