Legal Question in Civil Litigation in California

this is regarding wrongful termination. my wife worked for a large retailer for three years in a senior management position. she was fired for no reason. she was never given a poor performance review. She is over 55 years old. Is this a good case for wrongful termination?


Asked on 8/18/09, 10:56 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

There is no way to give you an answer without more information. Unless your wife was a member of a union or had a written employment contract, chances are that she was an "at-will" employee. That means she could be fired for any non-discriminatory reason, or even for no reason at all.

The fact that your wife is 55 years old only matters if her age is the reason why she was fired. That the employer didn't say this was the reason is relatively unimportant, since even employers who discriminate seldom admit it. But your wife would bear the burden of proof in any case she might bring. That means she would have to prove that her age was the reason for her dismissal, instead of the employer having to prove that it wasn't.

There are strict time limits on bringing discrimination claims. Moreover, such claims generally have to be presented to state and/or federal equal employment opportunity offices before they can be filed in court. If your wife feels she was discriminated against, she should start looking for a lawyer now.

Good luck.

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Answered on 8/18/09, 11:46 pm
Terry A. Nelson Nelson & Lawless

Unless she had a written employment contract with enforceable rights on termination spelled out, she is an 'at will' employee that can be fired any time for any reason. IF she has any actual evidence of discrimination in the firing due to age or sex, then we can talk about whether there is a case. Speculation and 'gut feeling' does not count as evidence, nor does her opinion or mine. She has to overcome the reality that they recently hired her, demonstrating lack of discrimination, knowing her gender and age, so any claim of discrimination now is unfounded without specific credible explanation of why they now are discriminating. Even without hard evidence, it may be possible to leverage her situation into a settlement.severance package if presented right. If she is serious about pursuing this, feel free to contact me.

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Answered on 8/19/09, 1:42 pm


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