Unfair termination
N Raghavan
position was terminated by my employer. I was with the company for 10 years,
so it was not a performance issue. Can I sue the company for termination.
Can I sue the manager that made the decision as to who should be terminated.
John A. Weeks III
<ragh...@earthlink.net> wrote:
Yes, you can sue anyone for anything at anytime. The real question
is how likely are you to prevail, and at what cost? In this case,
I don't see any reason here for you to prevail. What grounds were
you thinking you had for a case?
The bottom line is what did your employment contract say? If you
didn't have a contract, then you were an "at will" employee, and
if the employer no longer wants to have you on the payroll, they
can discharge you at any time for any reason (or for no reason).
One thing you may want to do is check into their past termination
records. See if there is any pattern to laying off or discharging
employees just before they are eligible for pension. If there is
some kind of pattern in doing this, then perhaps you have some
kind of discrimination case, perhaps for age discrimination. If
you suspect this, you will need a pretty high powered lawyer to
bring this one home.
-john-
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John A. Weeks III 952-432-2708 jo...@johnweeks.com
Newave Communications http://www.johnweeks.com
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Stan Brown
In article <0nuavvgn5qbccb3bd...@4ax.com> in
misc.legal.moderated, N Raghavan wrote:
>2 months before eligibility for early retirement and full pension my
>position was terminated by my employer.
>I was with the company for 10 years, so it was not a performance issue.
That does not necessarily follow. Not at all. The obvious counter --
true or not -- is "We carried the guy for 10 years, but finally we
decided enough is enough."
> Can I sue the company for termination.
>Can I sue the manager that made the decision as to who should be terminated.
You probably can sue the company, but whether it's worth doing will
depend on a lot of factors. You need to speak to an employment
attorney. This is a rather specialized field, so you don't want to
just stab a pin in the "Attorneys" section of the phone book. When
phoning for an appointment, ask what percent of the lawyer's
practice is employment cases, specifically wrongful termination.
Also ask the charge for an initial consultation. If the percentage
is low, ask whom they send employment cases to.
You may need to talk to a couple of attorneys to find one you feel
comfortable with. If more than one tell you you have no case, that's
a pretty strong indication you don't.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
Barry Gold
Don't ask this newsgroup. Ask your lawyer. If you don't have a
lawyer, ask your friends and family who they see. You need an
attorney specializing in employer-employee relations, and you should
get a recommendation from your lawyer (or your friend's/family's
lawyer).
*If* you were terminated to avoid having to pay your pension, you
certainly have a good case for reinstatement with back pay and full
benefits. Only your lawyer, to whom you disclose _all_ the facts, can
make a determination of how strong the evidence is and whether it's
worth going to court over.
You shouldn't disclose anything in this newsgroup, because your former
employer's lawyer can find it using Google Groups and use it against
you.
This is for discussion purposes only, and is not legal advice. I'm
not a lawyer. If you want legal advice, hire a lawyer.
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.
Seth Breidbart
Stan Brown <the_sta...@fastmail.fm> wrote:
>In article <0nuavvgn5qbccb3bd...@4ax.com> in
>misc.legal.moderated, N Raghavan wrote:
>>2 months before eligibility for early retirement and full pension my
>>position was terminated by my employer.
>
>>I was with the company for 10 years, so it was not a performance issue.
>
>That does not necessarily follow. Not at all. The obvious counter --
>true or not -- is "We carried the guy for 10 years, but finally we
>decided enough is enough."
That isn't likely to be believed. Better is "He performed well for 8
years, OK in the 9th, and poorly in the 10th." Or, as it appears
here, "The business/market/world changed and we no longer needed
someone to do what he was doing, so we terminated _the position_."
>> Can I sue the company for termination.
>>Can I sue the manager that made the decision as to who should be terminated.
>
>You probably can sue the company, but whether it's worth doing will
>depend on a lot of factors. You need to speak to an employment
>attorney.
In particular, if the company does this sort of thing a lot, you have
a much better chance than if you're the only person terminated within
a year of being eligible for a full pension.
Seth
Arthur L. Rubin
> In particular, if the company does this sort of thing a lot, you have
> a much better chance than if you're the only person terminated within
> a year of being eligible for a full pension.
My recollection is that (future) eligibility for a pension is
specifically allowable in discharge decisions, even if it has
the effect of otherwise illegal age discrimination. But I'm not
a lawyer, and state law many differ, even if I'm correct as to
Federal law.
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