How doI know if I have a case for wrongful termination?
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How doI know if I have a case for wrongful termination?
I am over 50 and have been working for a company almost 10 years. I have been a high producer (commission avg. $1000 week for grooming cats and dogs), established a large and loyal client base that continued to grow, have been cited numerous times in glowing terms through a customer survey forum, and had good working relationships with our business partners. I was terminated with no severance. My manager went to my associates this summer asking them to say something bad about me to the regional director. I documented this with my store director. No further information was given to me.
Asked on November 22, 2011 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should consult with an employment law attorney to evaluate your situation in more detail--from what you write, it is impossible to tell whether you were wrongfully terminated or not. It is illegal to terminate someone because they are over 40. However, an over-40-year old may be fired for any non-age related reason that is otherwise legal (e.g. not for racial discrimination or not to retaliate for bringing a worker's compensation claim). One legal reason is simply that your supervisor or manage doesn't like you--the law does not protect you from being fired just because a manager wants to get rid of you. So even though you seem to have been an excellent employee, if a manager determined that he or she wanted you out for some reason which was not discriminatory (e.g. not due to your age), that may well be legal. You need to review all the facts and circumstances in detail witih an employment lawyer to see if this may be illegal age discrimination. Good luck.
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