Answers Posted By Gay Carroll-Haring

Answer to I am 65 and my job was eliminated. I was told in March of 2017 that why would I want to work so hard at my age. I was a manager and they decided to hire a senior manager over me. I worked 6 Days a week and 10 hour days. There was nothing in writing that m

There are enough facts in your description to support you consulting with a qualified plaintiff's employment lawyer. Age discrimination is a very real thing in companies these days and I've seen it many times where men in their 60s are systematically laid off or fired so as to keep you from retiring, or to save the employer money by hiring someone younger and cheaper. Any good lawyer will need more facts from you in order to give you good advice. But I'd move quickly. There is a one-year statute of limitations to file a claim with the California Department of Fair Employment and Housing (DFEH) and a shorter statute of limitations if you choose to file with the Equal Employment Opportunity Commission, so whatever you decide to do, do it fast. If you most fast enough, and if there are enough facts to support a colorable age discrimination claim, a good lawyer may try to negotiate a good severance for you.

posted Jan 15, 2018 5:37 PM [EST]

Answer to Laid off 5 days before starting date after relocation to CA

You have a strong case!

You may have a strong case against this employer for a multitude of causes of action. California courts have recognized that reliance damages may be awarded in wrongful termination actions, such as yours, where the employee has taken reasonable detrimental steps in reliance on the existence of an employment agreement--such as yourself. These damages include out-of-pocket expenses that you lost as a result of reliance on the contract (i.e., the offer and acceptance of employment). For example, because of the employer's assurances, you moved a substantial distance at significant expense to begin employment. Your reliance damages may be based on both contract and a promissory estoppel analysis. In addition, after reviewing the facts, it could be that you also have a fraud claim against this employer if they made false representations to you regarding this new job. If you are successful in your suit against this employer , you may recover for all detriment proximately caused by this employer's fraudulent inducement of this employment contract, as well as any exemplary damages (punitives). It is also a California Labor Code violation to induce an employee to move for the purpose of working. On top of all of this, it is a violation of public policy to fraudulently induce an employee to move for working purposes in this state. The possibility exists for you to get punitives from this employer, but only the facts will reveal this.

If you would like to discuss this further, I would be more than happy to speak with you. I can be contacted at 916-443-3553 or via email at gcarroll@gaycarroll.com.

posted Jul 19, 2001 2:30 PM [EST]