Do I need a Labor/Employment Lawer.

I am a 63 year old (Black) supervisor with an automotive supplier. I was told that due to reorganizing, my job was being eliminated. The day after I was let go, my job was given to a younger (white) male. I was offered a severance package of 6 months wages. This of course is if I don't sue for age or ethnic discrimination. I worked for this company for the last 12 years with great sucess in all areas I was assigned. - Is this your question? Add additional information
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Answers (3)

Herbert J Tan

Herbert J Tan

Contributor Level 7
Aside from the fact that you were replaced by a white male, what other aspects of your employment would you point to as discrimination?
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Elizabeth Mitchell Oakes

Elizabeth Mitchell Oakes

Contributor Level 3
Did the employer give any reason for your discharge other than your position was being eliminated? How much younger was the white male who was given the job? Was it a promotion for him? Is he being paid less than you were? Is he more or less qualified than you for the position? All of these facts are important in order for an attorney to accurately assess your situation. I would definitely advise you to consult an attorney regarding your legal rights. Can you afford to not to take the 6 months that was offered? That is a situation you must evaluate in light of your own family's needs. You must consider a sure thing, as opposed to the possibility of more money later. On the other hand, if you and your family are receiving medical benefits through your former employer, you may decide to fight hard for reinstatement with full back pay and benefits. Had you complained of discrimination at any point in the past? If so, the employer may have retaliated against you. Have you recently taken leave under the FMLA? Again, a potential retaliatory discharge.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination.

If you do not have an employment contract or union to represent you, your recourse is limited. Mr. Tan once again provided you very fine information. I would add....

You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

http://www.avvo.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

If you have a racial discrimination or age firing theory about hostile workplace conditions you'll need a lawyer. An EEOC claim would perhaps need to be developed to determine if a right to sue letter would be forthcoming. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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