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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 40993
Experience:  30 years in Employment law
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My name is ***** *****, and I am asking about possible

Customer Question

Customer: My name is ***** *****, and I am asking about possible wrongful termination and my employer attempting to fight my unemployment
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, I was a custodian for the school district in Casa Grande, AZ and in August 2015 my wife was taken to the ER of our local hospital suffering from a spell of her Chronic heart condition. I was already at work, I attempted to contact my direct supervisor, he did not respond, so I called the office and the administrative ass't told me to go and be with my wife, she would find coverage for me and for the next day as well. Here is where I should tell you two things. First, I had asked for FMLA for my wife, and was told I did not qualify, and second, I had given the school district notice in July that in May 2016 I would be retiring, as I will be 62. My wife and I and our neighbor spent from noon until after 6pm at the ER. Her blood sugar was low, and dinner hour at the hospital had ended. Our ER doctor told us to go across the street and eat, as my wife's condition had converted after several doses of meds and fluids, and since she had not eaten in over 18 hours she was to eat, go home and rest, and wait for her cardiologist to contact her tomorrow as to the next course of treatment. We went to the restaurant across the street from the hospital and were observed by the HR director having dinner, instead of coming up and asking us what was going on, she "assumed" I was playing possum. I had a series of daily meetings beginning the following Monday and under what I considered was duress was told in no uncertain terms to either resign (She had already typed by resignation up and literally it in my face) or be fired. I was given no time to think about it. I was told that if I resigned I would get unemployment, and my retirement, but if I got fired, I would get NOTHING!
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

I am so sorry about your situation and all that you have been through.

You may well have facts to file for wrongful termination.You may want to claim age discrimination and that this was the real reason for termination.Also they may have treated you differently as a means to force you out.

You will need a lawyer locally to file such a suit and seek recovery for all your harm in this matter.

Lawyers in your area to file suit.

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

File with EEOC claiming age discrimination.

I think this gives you your best chances here to claim age discrimination and sue for wrongful termination.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

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