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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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wrongful let go from a job, because of lack of work, past president was a new area offer-

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wrongful let go from a job, because of lack of work, past president was a new area offer- good reviews since employment- I am still seeing doctor for a workers comp case-left knee, went thru operation and rehab-still bothering me
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Are you saying that you were released due to your use of worker's compensation?

Is that what you mean by "wrongful?"
Customer: replied 3 years ago.

I don't know about my jargon there ?-I think I was let go, because I am approaching 60 years of age and a Native American,that got hurt on the job and applied for workers comp. I worked light duty while I was healing, good work record ,good review-company says there is a slow down of work, this company is busy, busy--they may be for sale- oil pipeline company-master limited partnership-- traded on wall street

Ok. So, they claim they are slowing down, but they have lots of work.

Your argument would be that this is a pretext for discrimination, based on your age, race/ethnicity and your use of worker's compensation recently.

To make such a claim, you first have to preserve the right to sue. You have file a complaint with the EEOC in your state for age and ethnicity discrimination, so that they can investigate and then issue you a right to sue letter. The issue of worker's compensation doesn't have to go through the EEOC, so you can go through them first and then, when you obtain your right to sue letter, just add the worker's compensation issue to the federal complaint.

But the EEOC has to be your first step. They can investigate and obtain information that you'd not be able to get on your own. It is what they are tasked to do. You should go to them even before going to an attorney. In fact, most attorneys want the investigation from the EEOC in order to determine whether or not they want to work your claim.
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