Legal Question in Employment Law in California
Legal Cause For Termination
My brother-in-law was recently terminated after 18 years of employment at a company. The reasons for termination were unreasonable, and he had never had any disciplinary action against him in his 18 years. There was nothing negative in his employment file that he was aware of. He had never been talked to about the reasons for his termination. There was no progressive discipline or any indication to him that an investigation was underway. Other people at this company have committed comparable minor violations and been verbally warned or at most given written reprimands.
My brother-in-law is 41 years old. He had 2 more years until he received retirement benefits. This is very suspicious, and we are thinking that he was forced out to avoid retirement and to bring in younger workers at lower wages.
Where, online, can I find information about the legalities in California about this matter? I know that discrimination against people over 40 is an EEOC issue. Can you just contact EEOC without a whole lot of hard facts? Do they conduct investigations from the beginning, or do they want you to have compiled a case first?
I don't have room to write more info.
2 Answers from Attorneys
Re: Legal Cause For Termination
If they stated grounds to terminate, you have to prove them false to win. ON age issue, he is barely covered by the law. On your facts, it may be possible to negotiate a settlement/severance package. Contact me if interested in discussing facts and costs.
Re: Legal Cause For Termination
You need to go to EEOC, after they issue right to sue...you can either sue them or write a demand letter and try to negotiate a settlement. Take a look at my site at www.lawyers.com/amyghosh
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