Legal Question in Employment Law in California

My Dad was at his company for about 11 years, from what I've been told he had 1 accident recently were he damaged some product so he was suspended for 5 days when he came back he was offered to be laid off or fired. He was 60 years old and woried about being able to find another job so he chose to be laid off to qualify for unemployment benefits. He went back to pick up his last check a couple business days later and within a few hours had a heart attack and passed away. We feel he was fired because of his age. I was hoping to get a lawyers opinion.


Asked on 2/01/12, 8:43 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I am so sorry to hear about what happened to your dad. That is tragic.

There is no way to know whether the employer fired your dad because of his age because we do not know the facts. It certainly is possible. But with your dad gone, there is no case. Damages for loss of wages, emotional distress, etc. would not be available to you.

I do not know if the family can file a claim for death benefits under workers compensation law. You might want to contact a workers comp attorney for an opinion in that regard.

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Answered on 2/01/12, 9:22 am


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