Legal Question in Employment Law in Massachusetts
Unlawful Termination
I was laid off after 17 years stating termination of position when what they really did was redistribute my duties between my Supervisor, and two other department employees who make less money than me and have been with the company less time than I. I have always received excellent reviews and always received a yearly raise including this year in March. Then laid off in May. Business is extremely slow, but shouldn't the employee that had only been with the company 2 years been let go?
3 Answers from Attorneys
Re: Unlawful Termination
If other employees were younger than you, you may have a claim for age discrimination. Call the Massachusetts Commission Against Discrimination.
If the company has a written policy saying last in, first fired, you may have a claim for breach of contract.
Re: Unlawful Termination
Companies are under no obligation to retain more experienced employees over those with less experience, unless the reason they are getting rid of the more experienced person is really because of his or her age. Employees over 40 are protected from discrimination on the job. If you feel that you've been treated differently because of your age, you should speak with an attorney.
Re: Unlawful Termination
You can be fired from your job at any time, for any reason or no reason at all (unless you have a contract that says the contrary). However, if you believe that it's related to your age, you might want to talk to an attorney. When an employer fires an "expensive" employee, and keeps a less expensive younger employee, it can be viewed as age discrimination if there are other factors present. Obtain your personnel file, and talk to a lawyer - you only have 6 months from the date of your termination to file a complaint under state law.
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