Hi y'all -
My father (DF/ex-elder) was recently terminated from his job of nearly 10 years. I don't want to give too much info at this time but am looking for insight, suggestions, comments to help point him in the right direction.
He works (oops! 'worked') for a national chain of retail stores and loves his job. He had earned the respect of higher-ups in the company over the years.
A few months ago a new department manager was assigned to his department and there has been a serious clash. My dad requested to be assigned to a different store but current store manager (to whom the department manager reports)did not want my dad to leave. (Another store already wanted him and told him they had position for him. All he needed was OK from current store.)
Few days ago department manager terminated him for 'insubordination'. My father's position is that he was being intimidated, un-supported, and pushed to behave unethically - therefore, his 'insubordinate' action.
There are, of course, other factors that I do not wish to disclose here at this time. Those other factors make it clear to me that he seems to have a legal case for 'wrongful termination.'
I am looking for comments, suggestions, experiences on (1) finding the proper attorney / representation, (2) strategies for petitioning for job back, (3) coping with being mid-60's and suddenly out of work, (4) a host of other issues that you may feel would help him get back in the work force and/or enjoy his live.
Comments? Suggestions?? Experiences??? Anyone?????
The collective experience of this Board has been amazing in helping to cope and strategize on such a wide spectrum of issues that I just KNOW this is the place to look for insite.
A sincere 'Thank You' in advance for your thoughtful assistance.
-Aude.
Suggestions Please: Wrongful Termination
by Aude_Sapere 9 Replies latest jw friends
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Aude_Sapere
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Robdar
If your father works in an Employment at Will state, he may not have very many rights. I wish him the best of luck.
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Purza
I see you are in California. Although your post was a bit cryptic, you might want to call the lawyer referral service in the county you live in for a referral to an employment attorney. Or you can go to the state bar website http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10114 and look for a specialist in employment law. It may be worth it to pay for an hour's worth of an attorney's time to see if your dad had a case.
I just quit my job working for an employment/labor law attorney. We saw all kinds of stories -- some were worth taking on, others not. It all depends.
Purza
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TresHappy
I was fired after 10 years with the same college this past May. Was it wrongful termination? In my sense, yes. In their sense, no, because there were 2 people who wanted to get rid of me. I was initially denied unemployment but won it in an appeal. However, I still didn't get my job back. I didn't want my job back. Even if I could have sued the pants off of my former employer, at will employment pretty much limits your right to sue. Was your dad in a union? He might have recourse through the union. However, unions don't have as much power as they used to. If your dad was terminated for insubordination, then he would be denied unemployment benefits because he was fired "for cause." Could he possibly be hired at the other location? It depends on his rehire status. Being let go from a job is horrible, humiliating. It leaves you shaking in your boots because in many cases, you don't see it coming. I was devastated and couldn't understand why 10 years with the same organization meant anything. However, in retrospect I see where my attitude had shifted from being loyal to apathy. I have since gotten a position and I am elated. I am so happy to be away from my previous employer. Things usually happen for a reason, perhaps your father will find another position in a related field soon.
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rebel8
Free legal advice from attorneys: www.freeadvice.com This question is asked every single day on that forum.
The term "wrongful termination" is often misunderstood. It only applies if there was some type of illegal termination of employment, ie due to race, age, etc. unless he had a labor contract with additional requirments. He would have to be able to prove the term was illegal.
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under74
A lot of good info so far...I would also call the AFL (union) and see if they think there are any options to take.
it's a sign of the times unfortunatley...most companies/coorporations demand loyalty and undying love for them...yet give nothing back and even are ready to go after anyone that shows some kind of ethics.
Under74 --of the hoping people take a tip from the Boeing machinists on strike class
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TresHappy
I read the initial post again and you said your father was in his mid 60's and suddenly out of work. Has he applied for Social Security? If so, he could get his SS check and work part-time. My favorite uncle (JW dad's younger brother) is 65 and had his first heart attack at age 60. His doctor told him to get out of the line of work he's in. He managed a resort community and it was driving him to an early grave. His dad, (my grandfather) and my great grandfather both died of heart attacks at the age of 66. He works part time several months a year in the same resort town he lives, and is enjoying his grandkids!
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Eyebrow2
I would suggest your father not only contact coporate HR, but also the other store that had said they had a position for him. That manager may not be aware of the full situation, and may be able to convice HR to give the go ahead to hire him at that store.
Let us know how he makes out.
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jgnat
I think your dad needs to stick up for himself just because it is the right thing to do. Go ahead and contact a lawyer (you received great links) and find out what your rights are.
It sounds like his new boss is an incompetent. The corporation will realize it's mistake, because incompetents can't keep the deception going once they get rid of the people actually running things. He'll get is own back eventually. Emphasis on eventually.
Meanwhile, at sixty, your dad might want to consider doing a radical reevaluation of his career, his life, and what he wants to do with the rest of it. My dad, my workaholic dad, was offered an early retirement package at 55. He took it. He went back to school to do what he loves, carpentry. You could have knocked me over with a feather. I would not have figured my dad for one of those who could radically rewrite his life story at his age. The change did him wonders. Good thing too, because a few years ago he developed serious health problems and he can't keep up like he used to. The way he did it, he had a long, joyous, healthy retirement.
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Jeannine
If the circumstances that led up to your dad's termination were age-related, and he can substantiate an age-related claim, he can file a complaint against the company. Most cases of discrimination based on age, sex, race, religion, etc are very difficulat to prove because there is seldom a "smoking gun". In other words, most companies don't fire an older worker by saying, "Your old. Get out". Usually, it is done with pretext and smooth coverups. If your dad was replaced with a younger, less experienced person...he has a good starting point for a discrimination case. Also, if the "insubordination" he is accused of has been tolerated by this same company with younger workers, then he has some evidence of discrimination. If younger workers who are insubordinate are disiplined less, or not at all then your dad may have a claim. Only your dad knows the the facts. Have him explain these facts to an attorney. Other than illegal discrimination or a violation of an employment contract, employers can terminate an employee at almost any time, for any reason. Good luck.