Does my mom have a case if she feels she was wrongfully terminated because of her age?

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Does my mom have a case if she feels she was wrongfully terminated because of her age?

She was written up a couple times because she didn’t do things no one else in the store was expected to do. She is around 45 and everyone she talked to was treated differently by the store manager. She was always in trouble no matter what she did. She had to go to the hospital due to pains caused by stress from her job and cannot collect unemployment due to the fact that she was discharged because of failure to call for a carryout. What was neglected to mention was the fact that the customer did not want a carryout.

Asked on July 1, 2011 under Employment Labor Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for her situation.  What you are writing about is termination based upon age discrimination.  And if proven then yes, it is in many instances illegal.  You would need to speak with an employment attorney in your area about that.  Now, as for the unemployment issue: the general rule is that you can file or unemployment when you are let go through no fault of your own.  It sounds like here that they are trying to claim that she is being fired for cause.  You can dispute that and you can try and show that she was being harassed and targeted by the manager.  Did she ever complain tot eh owner?  Were there employees tha were witness that can testify?  Try it.  Good luck to her. 


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