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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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My father, 83 was still working in at Reich Drill Inc. and

Customer Question

My father, 83 was still working in at Reich Drill Inc. and was laid off in October 2014 along with others. That usually happens from time to time. April 2015 workers started getting called back as well as myself. He has worked there 15+ years and has been a excellent employee. I notice as time went on, my father and another worker, 78years old were not called back. they received no termination of employment or even a phone call. Being the age he is ,along with anyone else, your body adapts to the pattern of life style. When that cycle is broken your body goes thru a change, and in his case, it did. He couldn"t return to work now and do the duty he was doing. With the fact, no phone call, or meeting to terminate his employment, is there a case for any compensation from employer or unemployment benefits. I , Arthur, his son, feel he has had an injustice to him and a slur to people over 70 still working , and the federal getting some of their social security back.
Thank you
Arthur Kifer
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

In terms of any sort of compensation claim, he'd have to allege that he was not permitted to return to work due to his age.

The problem though is that such claims have to be brought before the EEOC within 180 days of the alleged event of discrimination. Even using the very last day of April (when they are normally calling people back to the seasonal work), the 180 days passed at the end of October, so he would be time barred from bringing a federal claim. He'd have to rely on a state level claim and would be limited to the damage under the state statutes, so he would have to contact the state Human Rights Commission there.

As for unemployment, seasonal employees can get that, but again, he'd have to have made that claim when he would have gone back, which was 26 weeks ago. Unemployment only has 26 weeks of eligibility, so he'd be time barred from applying for that too.

I don't disagree that he had some potential claims here, but regrettably, we are talking about those rights too late.