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Think I'm being termed due to age, and whistle blowing. Was told if I did not work when sick I would be let go. Is this legal?

Norwalk, CT |

I was asked to give up 2 night shifts for the Administrators friend. I refused and was told that at my age I should be thinking of slowing down. On June 6, 2013, I was given a typed noted that read: After evaluating several nursing incidents, I have decided to ask you to resign your position here at the Greens or accept the alternative - termination. I suggest an effective date of June 13, 2013. If you accept to resign from the (xxxxxxx) you will not loose your vacation pay. If your choose to accept termination your vacation pay will be lost. Please let me know as soon as possible of your decision. I appreciate your time. Sincerely, (xxxxx).
I have never been written up or spoken to for any nursing incidents.

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Attorney answers 2


You Need To Immediately Consult With An Employment Attorney. There Are Several Excellent Ones In Your Area.

Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.


This is not a matter of whistle-blowing or related issues. It might be an instance of age discrimination, but it is not evident from your post that age-discrimination laws apply to your employer. More facts are needed. Talk with a local employment attorney to determine whether you have a sound claim.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.