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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I'm in my early forties and was just dismissed from my job

Customer Question

I'm in my early forties and was just dismissed from my job by the president after seven years of productive employment. He replaced me with a woman. It's well known that the president and the woman have "been a number" for awhile now. I feel that I've been hurt by this clear conflict of interest, and am not the first on this same project to have suffered this fate. Further, I was given no severance pay or other consideration. I have three children and a homemaker spouse, and one of my children needs expensive drugs to treat a rare medical condition, something that will be difficult for me to afford without a paycheck. Is there any way that I could at least get a few months of severance pay to help tide me over?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of experience handling employment matters such as this one. It is a pleasure to assist you today.

Unfortunately, severance pay is not covered or mandated by law. You can ask your former employer for severance pay in view of this treatment, but they are not legally obligated to provide it to you.

You can apply for and should receive unemployment coverage while you are in this period of unemployment. I would try to get on that as soon as possible if I were you.

The larger issue here reeks of discrimination to me. I think you need to also sit down with your local EEOC office about filing a complaint for gender discrimination. It is unlawful under the Civil Rights Act to discriminate based on gender. Your complaint will be reviewed by the EEOC and if they find merit, you will be allowed to file suit in the federal court system for damages and attorney fees. Based on what you have shared with me, I think you have a good case and can win.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes going forward and I am sorry you are having to deal with this issue.

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you guys had any additional questions or comments. I want to make sure you are as comfortable as possible as you move forward. Thanks