Legal Question in Employment Law in California
''Elderly person that has been fired without cause''
My Mother is 62.5 years of age. She has been employed at K-Mart for 13 years. She was let go (fired) on December 26, 2000. The reason they gave was due to budget cuts. I thought California was a right to work state. She had two and a half years to full retirement. She does not understand her rights. She has had no problems with job performance, has recieved awards and has used one day of sick leave in several years. I don't see how they can do this to a senior citizen as well as someone with seniority. Is this leagal and if not how do we fight it? Also she did not get a 2 week notice or vacation pay. Thankyou for your time.
2 Answers from Attorneys
Re: ''Elderly person that has been fired without cause''
Your mother may have been wrongfully terminated for her age or for some perceived disability. Her length of service, however, does not guaranty her any protection. I would need to know more.
David G. Spivak, Esq.
Spivak & Harrison
10100 Santa Monica Boulevard
Suite 800
Los Angeles, California 90067
Telephone (310) 772-2274
Facsimile (310) 772-0880
www.shlawyers.com
Re: ''Elderly person that has been fired without cause''
If K-Mart's management fired your mother because of her age, K-Mart can be held to have wrongfully terminated her employment. Given the circumstance you have described, K-Mart would have to offer some explanation to show that her termination was not the result of age discrimination. This is so notwithstanding that the your mother has the ultimate burden of prooving her termination was wrongful. I think juries are sympathetic to instances of age discrimination and your mother's situation is worth an investigation.
Francis Doherty
415 453-2300
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