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Recent Age Discrimination questions

Pearl. and I have a question regarding termination. HR was

Hello, Pearl. My name is ***** ***** I have a question regarding termination.JA: Have you documented this or discussed it with HR?Customer: HR was never involved in the last three meetings with the clinic supervisor. Everytime I asked why HR was not here, he would say "that she couldn"t make it". I left an email to HR to ask to meet with her to discuss the write-ups, but she never responded. I submitted my two week notice yesterday. I came to work today and was promptly fired. I met with the clinic supervisor. I immediately asked where Heidi, the HR manager was, and again, "she couldn't make it. I asked if there was another HR person to meet with us and he said, "Heidi is the only one". The meetings I had with this supervisor, HR was never present. I voiced my concern that it seemed illegal that HR was never present and he told me it was. So is this a wrongful termination? Unfortunately, this job is non-unionized. I feel discriminated and targeted. I am also the oldest employee in the clinic who at this time has a foot fracture with a boot. I have missed two days because of my foot fracture. Thank you for any information you can present. IreneJA: Is the employment agreement "at will," union, full time or part time?Customer: There is no union. Full time. And I believe Washington is a "at will" state, anyway.JA: Anything else you want the lawyer to know before I connect you?Customer: There was also present the brand new nurse supervisor at two of the meetings, who has only been with the company less than two months. Will I be charged for the consultation? Thank you

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Patrick, Esq.

Doctoral Degree

19,392 satisfied customers
I am 58. I mworked formthe AmericAN rED N, sORRY. i AM 58,

I am 58. I mworked formthe AmericAN rED NJA: Have you documented this or discussed it with HR?Customer: sORRY. i AM 58JA: Is the employment agreement "at will," union, full time or part time?Customer: Start again. I am 58. I worked for the American Red Cross for 10 years. However, they terminated me 1 day before 10 years, therefore I lost my pension. I was senior on my team by 15 -20 years of age over others. They said it was for performance, however I was paid a bonus the last 3 months before my termination. I had made an HR complaint against my direct supervisor, through his immediate supervisor, in writting. I do not know if it made it to HR. They answered with a 'PIP" document. Again, my reviews, etc were good, and this all arose, I believe, as retaliation for my HR complaint.JA: Anything else you want the lawyer to know before I connect you?Customer: No. While Maine, my residence, is an at will state, the ARC receives federal $$. Do they not have to abide by federal laws?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
I received a Separation Agreement and General Release,

I received a Separation Agreement and General Release, offering a severance. There are 2 paragraphs in the agreement where it stipulates i havent filed, caused to be filed, or presently is a party to any claim, complaint, or action against Employer in any forum or form. This was received 2/6/17. Unfortunately, in November of 2016, I returned a claim form on a putative class action thereby becoming a class member in said class action. I have not recd any monies from that, the final ruling for approval of settlement doesnt occur until Feb 17, 2017. The deadline to opt out is past-it was Dec 20, 2016. I did not know or anticipate the lay-off or the subsequent offer of severance. I will need the severance badly and would gladly refuse the potential class action award. Is there anything I can do? I am 65 and re-employment prospects in the very near future is understandably slim. I was the sole support and unemployment insurance will cover rent and utilities but there wont be anything left for food or some kind of medical insurance for myself-as I am diabetic-it is imperative I have something. The severance is $8450.00 (gross-taxes w/be taken and it would be paid over 30 days). The class action is possible $1500.00JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: California is at will-employment was full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Cant think of anything right now.

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Loren

Juris Doctor

41,344 satisfied customers
I was working for Maersk and was fired for my age 72 the

I was working for Maersk and was fired for my age 72 the ship was under msc and American maritime officers and the have not done any thing for meJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: since then Maersk lost the contract and went over Crowley and contacted them for a job and they laughed at me telling me that I could have gone to work for crawley in the same position tha was 5 years ago and one of the chiefs says he will take me backJA: Is the employment agreement "at will," union, full time or part time?Customer: I am a marine engineer there is no state jurisdictionJA: Anything else you want the lawyer to know before I connect you?Customer: i can not think of anyu thing else

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
I work in CT as a hospital pharmacist and we were bought out

I work in CT as a hospital pharmacist and we were bought out by a company called Prospect. We have subsequently had a substantial reduction in hours, and last week we had to "choose" new positions in order of seniority. I got reduced from 34.5 hr a week (mostly day shifts, some 2nd shift 3pm-8pm shifts) to 16 hr a week (now third shift, 11pm to 7 am thrs and fri nights), because I was last on their seniority list. My question, however, is about an employee who was higher than me on the seniority list but was only a 14 hour/week employee. I honestly always thought she was per diem, because some weeks she didn't even work at all, she has another job. She took a 32 hour position, and there were only 4 40-hour week positions, one 32 hour/week position, 4 twenty-something hours/week positions, and one 16 hour position (the one I ended up stuck with). Is there anything I can do about this?

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John

Attorney

Doctoral Degree

8,686 satisfied customers
I am being off. My employer wants me to sign a release of

I am being laid off. My employer wants me to sign a release of claims statement (ie I will not sue) prior to my last work day or they will not provide my severance package. I saw on line that employees have 21 days from the time they're fired to consider any severance package an employer has offered and then an additional seven days to change your mind if you agreed to it. Is that correct? Or do I have to sign it before my last work day?

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TJ, Esq.

Juris Doctor (JD)

11,622 satisfied customers
I am about to get fired and need some guidance as to what to

Hi, I am about to get fired and need some guidance as to what to expect. I am in GA and started at this company as a contractor but was kind of pressured into converting to full time offer soon offer. Anyway, almost a year later, things are not going well and I see the writing on the wall. BTW, I am a female, over 40, though I don't want to go there, I do believe there is ample proof they actively discriminate here. Anyway, I do not want to have it on my "record" that I have been fired, as I do believe HR can tell future employers this info. I am looking for work but don;t want to make the same mistake I did with this company, rushing into something that did not feel right. My questions are: 1. I have a resignation letter at the ready and I am wanting to put language in their suggesting a meeting of the minds, I go away, stay available for potential info they will probably need for a month, and I get two months severance and a letter of reference - a neutral letter making clear I did a satisfactory job, etc. and a promise anyone calling will not get a bad vibe from HR or them. Does this seem feasible? I have been shut out for awhile, a new lead took over in June and he has made it impossible to continue there, but I have yet to receive a single negative comment or review, but neither positive. I feel they are pushing me out because they have gotten what they need out of me (I have provided detailed design style guides, etc, and I suspect they think that is all they need from my role). Also, the CIO, my boss, just sent out an email to everyone saying if they ever missed another meeting again, they would be fined $500. Is that even legal? Thanks so much! LauriieJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GAJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, and I started contract but went full time. I;d also like to say I was contract there only, but don't know if HR can specify that if called.JA: Anything else you want the lawyer to know before I connect you?Customer: Just that I have never had any run ins, negative feedback, etc, but have been frozen out of vital meetings, email chains and conversations from the get go.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: What should I do next?

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ScottyMacEsq

Doctoral Degree

24,026 satisfied customers
I am a 59 year old widow with a disability. I have been

I am a 59 year old widow with a disability. I have been employed for the last 6.75 years at a school district, trying to stay working until I can retire. I have been harassed to the point I am on FMLA, on anti depressants, hanging by a thread. Once I reported my problems to the superintendant-I am opposed to her using words like f**king c**t and f**k ALL THE TIME-it has become her favorite word as well as other staff members. I have never been liked by my supervisor. I live on a single income.I am being blocked from speaking to the superintendant. I cannot return to the humiliation any more. EEOC felt I had a weak case for age discrimination. I am looking for a lawyer to consult with regarding my future employment.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Is the employment agreement "at will," union, full time or part time?Customer: At will, I work full time. I work under a Head Start grant which is federally funded. The grant is held by Monroe County Intermediate School District.JA: Anything else you want the lawyer to know before I connect you?Customer: My health has taken a rapid decline. I am panicked no one will want to hire me with a disablilty and due to my age. I need medical insurance and it is excellent through the schools. I am losing everything I have worked so hard for if I cannot fight this battle.

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LawTalk

Attorney at Law

Juris Doctor

35,968 satisfied customers
I have been accused twice by HR for harassment by the same

I have been accused twice by HR for harassment by the same associate while my leadership has disagreed because the associate publically praises me as a leader both written and verbal. I have the highest engagement survey results of any team, however HR has twice accused with no investigation (just the associates wording).JA: Because laws vary from place to place, can you tell me what state this is in?Customer: TennesseeJA: Is the employment agreement "at will," union, full time or part time?Customer: at will - full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Marsha411JD

Doctoral Degree

19,498 satisfied customers
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