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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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After 4 years of good service in a company as a Business Development

Resolved Question:

After 4 years of good service in a company as a Business Development Manager, I was dismissed "without cause". I am a Viet Nam veteran and just turned 65 years of age approximately 2 months prior to this dismissal. Would there be any grounds for a law suit against the company?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Did you have a contract of employment stating that you could only be terminated for cause?

You mentioned your age, but do you have any evidence suggesting that you were terminated due to your age? Did they make comments about it? Did they replace you with a younger person?

What about your Veteran status? Do you have any evidence that that actually factored into your termination?
Customer: replied 10 months ago.

I do not have a copy of the employment contract but most likely it wouldn't state that I could only be terminated with cause.


The reason I mention age is that in December another manager who had recently turned 65 was also terminated "without cause". I have no communication with the company to know if my position was replaced by a younger person however in the last year 3 additional younger employees were hired and I was asked to pass on my knowledge to one of these in particular. Also, at the beginning of the year 2013 I saw a headcount chart that was submitted as part of the budget for the year and in which my position was eliminated, as I recall about Q3, and when I asked my boss if he planned to terminate me he said not at all but that he just reclassified my position to Sales.


 


No, no evidence that being a veteran had anything to do with this termination.

Expert:  Allen M., Esq. replied 10 months ago.
Ok. Let's focus on age then. Who you were replaced with is evidence that the EEOC will want to figure out during their investigation.

Without an employment contract like the one that I mentioned, you are an "at will" employee and legally can be terminated without cause. So, the fact that no cause was given is not necessarily wrongful termination.

You have to lean heavily on the fact that no cause was given, and you were required to train a younger person to do your job, and then you were fired (along with another person that was older too).

So, yes, I think that you have the frame work of a claim here. You need to contact the EEOC in your state and file a claim based on discriminatory firing due to your age. State the facts that you have here, concerning the lack of cause, the younger employees and the other older employee that was terminated. The EEOC will investigate and can attempt to resolve the issue for you, or give you a right to sue letter so that you can try to address the issue yourself in court.

You have to go through the EEOC to preserve your right to sue and to obtain the right to sue letter.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience: Employment/Labor Law Litigation
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