Skip to main content

My father was terminated without a reliable excuse. Does he have any rights of employment, or legal rights at this point?

Brockport, NY |

My father a 54 year old, lawful United States resident that has worked for the employer for the past 15 years or more as a farm worker. The reason for his termination was that they didn't have enough work for him. He was the only employee that was terminated. They have recently hired new employees including minors in which I believe are working under illegal conditions.

Attorney Answers 3


  1. Assuming he had no contract he was an at-will employee and could be fired for no reason or any reason except for an illegal reason such as race, relgion, age, etc. Given the facts you mentioned he should speak with an employment lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. If, in fact, it can be shown that your father was terminated so his duties could be taken over by a younger worker and age was the reason for his termination, your father may have an age discrimination case. I generally advise in these circumstances that the employee file for unemployment benefits before taking any action against the employer so that the employer documents to the Unemployment Board that the termination was for lack of work, thereby foreclosing the employer later claiming the discharge was for misconduct, which would be a defense in an age discrimination case. Your father should speak to an employment lawyer asap.


  3. Your father could have an age discrimination claim, I suggest speaking to an employment attorney in your area.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics