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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90125
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i was fired 3/07 without explanation, was asked to ...

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i was fired 3/07 without explanation, was asked to form attesting I''d been fully advised, etc., and refused to do so. Unemp. benefits were 1st contested, but employer didn''t show up for hearing, judge found in my favor. Now company''s filing bankruptcy, I rec''d "proof of claim" form, deadline to respond is 7/21/08. Do i need atty help forming "discriminatory, wrongful dismissal" & forced liquidation of all accrued IRA benefits? I''m 54, was mgr w/ firm 7+ yrs, high reviews, we''re struggling terribly now. Thx. Thom Adams
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
If you were an employee at-will, which means you did not have an employment contract or were not part of a union contract, then your employer can terminate your employment with or without cause for any reason, as long as it is not for one of the discriminatory reasons such as age, race, sex, or disability. Since you are 54 years old, you may or may not have grounds for employment discrimination action if you can prove that you were dismissed because of your age. If there is no proof or reason for you to believe that you were dismissed for a discriminatory reason, then you most likely will not have an action.

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Customer: replied 6 years ago.
one of my supervisors frequently referred to me as "old man" - without humor.

I'm uncertain whether my experience itself is enough of a "basis for claim" - to send to the attys rep'ing former employer.
Expert:  Law Educator, Esq. replied 6 years ago.
Depending on the frequency this occurred, yes this is a basis of a claim and I have lost several claims representing an employer where the employee was called "old man" and most of those were when it was done in a joking manner. If the supervisor had some input into your termination it could certainly be the basis for a claim. If the supervisor had absolutely nothing to do with your termination, it could still be the basis for a hostile environment claim.

If you found my answer helpful, please click on the GREEN ACCEPT button. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Customer: replied 6 years ago.
thx - last query piece:
with +history of deceit, coverups etc. among the co. supervisors, how can i demonstrate who did/ did not have anything to do with termination? all behind closed doors, never explained.
Expert:  Law Educator, Esq. replied 6 years ago.
You just need to put on your case. Courts realize exactly what you claimed in your above reply happens all of the time and the courts do not require such a high level of proof that it will be unable for your to ever prove if they lie and cover things up. Also, your attorney would probably examine the others who have been terminated and see if there is a pattern to the terminations.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90125
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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