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Question

56 YO laid off from $$ multi-billion international company; states they are an "at will workplace", claiming no reason is required. Was told it was not performance related. Told it was due to low workload and inadequate skillset. HOWEVER: Have recently informed the company of errors in their "Non-Compete Agreement in California". Have signed up for advanced class but been cancelled from that class due to HIGH WORK LOAD. Was scheduled to travel to Missouri in Feb. for work. Am only person on West Coast with unique skillset. Company recently hired 2 new, younger, as yet untrained, employees for my region. I also notified company of OT labor rate violations in California, causing them to modify OT policy for California. Was also told that other employees were laid off due to low workload. Can find no evidence of other employees being laid off in my division. Am I the victim of "whistleblower" retaliation? I have MUCH supporting documentation. Enough for a Personal or Class Action case?

Submitted: 297 days and 5 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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rancho cucamonga, California

Already Tried:
online research; asking co-workers for info; collecting and saving e-mails and documents supporting my questions.

Posted by Adam Kirk 297 days and 5 hours ago.

Answer

It is true that in an at will workplace, an employee can be fired for any reason or for no reason at all so long as it is not discriminatory based on race, sex, religion, age or disability. If you were a victim of discrimination based on one of these factors, you do have a claim against the employer.

 

Your best avenue is to file a complaint against the company with the EEOC (www.eeoc.gov). You can find the nearest office and contact information at the website. This is a great federal agency that helps employees fight discrimination in the workplace. Their staff workers and attorneys will help you make your case against the employer.

 

 

297 days and 5 hours ago.

Reply

one more point. I returned from LTD Workers Comp in April 08 after leg broken on job site. Released for work but employer knows I still have pains. Any relevance?

Accepted Answer

You could claim your physical disability was another reason for the discharge, which is another form of discrimination.

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Expert: Adam Kirk
Pos. Feedback: 93.7 %
Accepts: 
Answered: 1/30/2009

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