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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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Hi, my 62 year old husband was suspended for 7 days without

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Hi, my 62 year old husband was suspended for 7 days without pay from his place of employment where he has worked as a manager for 37 years due to to "his failure to arrange the employee meeting to notify them of a new rule regarding the lunch break". The truth is that my husband did notify every one of the 5 employees in person. They all knew about the rule. It's a small company and my husband has been dealing with the same people for many years. It's not a big deal. However, the new regional manager is making a big deal about it. It hasn't been stated anywhere in his memo that my husband had to hold a meeting in regard to the new rule. My husband is under the impression that the regional manager is trying to get him to quit his job. My question is: How legit was my husband suspension? Does he have any rights to fight unfair treatment he has been subjected to recently? His salary was cut 70 percent. He was deprived of all the benefits, his work car and the cell phone were taken away from him, etc. All this was done to him within the last 2 years. Again, it's all after 37 years of his employment there. Thank you.

Thank you for your question.

We need to begin with the fact that Florida has a very limited labor code, does not have a state agency which oversees labor, and the laws are very very in favor of the employer.

This is always the case unless the employee has negotiated an employment contract which grants him rights.

Do you know if your husband has a written employment contract?
Customer: replied 4 years ago.
No, he doesn't have a written contract, but isn't it a case of discrimination based on his age? He hadn't had such a bad treatment before. Thank you.
It is illegal for the employer to take any adverse employment action which is based on an employee's age under the Age Discrimination in Employment Act.

However, the simple fact that he is aged 62 does not on its own establish age discrimination. There must be some evidence that the action was based on age.

If you believe that there is, then your husband can file a complaint against the company with the EEOC.

To file a complaint with the EEOC, he must contact the EEOC and make an appointment to file the complaint at the local office. You can locate the office nearest you here:

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
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