Expert Advice When You Need It Most

Wrongful Termination issue under KS State Law.

My father has worked for a non-union distribution plant for over 35 years, he is 64 years old. The company was aware that he was set to retire in January when he turns 65. They fired him this week, on a Tuesday, but did not inform him until two days later after having him work two days for 10 hours each. The reason for his firing was that he was not reaching production expectation. He was in the low to mid 90's but they said he has to be 100. Upper management have been on him for this issue but if looked into most employees have the same production score and no one has been terminated for this. Do we have legal recourse in the reason he was fire and/or keeping him working after his termination was issued?

Save

Attorney answers (1)

Reputation Level 20
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.

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

http://www.avvo.com/legal-guides/ugc/workplace-...

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

http://www.avvo.com/legal-guides/ugc/how-to-cho...

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

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

If you have a discrimination theory about age in the workplace conditions you'll need a lawyer. 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now