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Ask Loren Your Own Question
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 28544
Experience:  More than 30 years in legal practice.
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I was fired by my employer last October for no good reason

Customer Question

I was fired by my employer last October for no good reason there was no warning write ups I was employed by them for almost 10 years.I am 61 years old and there was no severence pkg. they only paid me until the end of the month. My credit has gone to nothing my home is going to foreclose they ruined my life for doing this to me.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was a full time General Manager for a car Dealership
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel like ther might have been some underlying circumstances when it comes to health insurance my wife has been very sick and there were allot of insurance claims. I cant even afford to take care of her now
Submitted: 1 month ago.
Category: Employment Law
Expert:  Loren replied 1 month ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 1 month ago.

Before we begin a bit more detail would be helpful please.

1. Do you have a written employment agreement requiring cause for termination?

2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

Customer: replied 1 month ago.
no there was not. and to the second question I was not.
Expert:  Loren replied 1 month ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 month ago.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

Expert:  Loren replied 1 month ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 month ago.
what you are telling me that being 60 years old and the corporate laws that are out there that just in a whim they can dispose of me and there is no recourse on my part.?
Customer: replied 1 month ago.
I thought there was a over 50 law that protected me on my employment?
Expert:  Loren replied 1 month ago.

If you were terminated due to age, or some other protected class membership, that is illegal, but you said it was not related to that when I asked.

Are you saying that you DO believe the termination was due to your age?

Customer: replied 1 month ago.
could have possibly been I am trying to figure out why I was terminated I was with the company for almost 10 years I was given no warning for any reason to fire me.
Customer: replied 1 month ago.
I was given no oportunity to save my position because there was no warning.
Expert:  Loren replied 1 month ago.

You may have an age discrimination claim.

In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:

In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:

presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

It certainly warrants further looking into. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 1 month ago.

Did you have further questions? Have I answered your question?

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