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If he gets fired, sue for age discrimination. Don't worry about how to prove it. Just sue. Let the lawyer take it from there.

Your husband has been working for an abusive employer all of his adult life, so probably has a low sense of self-worth. Don't let that stop you from suing.

Thank you both!!!

The union's opinion is that there is nothing they can do about management mentioning his history of comp injuries during the discharge meeting.

They are fighting for him and believe him 100% and feel the reason for discharging him is ridiculous. His co-workers have been reaching out and are angry on his behalf.

We had an initial contact with an attorney but have not heard back for the free consultation. They don't feel their firm can help him but said they could refer him.

How are we supposed to afford an attorney? We are going to be without insurance at the end of the month. As unfair as it is it might be better to just walk away without losing more money. This is a huge company everyone has heard of.

I can't handle any comments beating me down right now. Losing a job is hard. It is extremely hard when you have worked for a company for 35 years of your life, cared about your job and represented your company in a very positive manner. I'm proud of how he has been handling this horrible situation and how sensitive ha has been about my feelings.

Rambling. Thank you all. I am taking your suggestions and you words mean a lot.

How are we supposed to afford an attorney?

Many law firms would take a strong case without demanding money up front because the lawsuit would include your legal costs as well; or if it's a really good case with potential high payout then they would negotiate for a percentage of your payment.
If he had worked there for 37 years, I think he's got a very strong case for both age discrimination and wrongful dismissal (injuries). Furthermore, he can sue for other damages (loss of income from the time he's fired until the time he retires) as well as other damages (emotional distress, depression, etc.), the law firm may also sue the company for your own emotional distress as well.
And don't use cheap lawyers, go for the most well known firm with a winning reputation, they're expensive but you can negotiate payment after winning, many firms provide free consultation.

Ask the attorneys to send a legal notification of your intent to sue for age discrimination, wringful termination etc.

My H threatened his last employer and collected the $ they tried to cheat him out of without a lawyer.

They caved.

Could work for you.

[This message edited by The1stWife at 5:52 PM, Friday, June 17th]

He is concerned that a lawsuit might take away another option he might have.

When we had to hire an attorney for a comp injury it was a very long, drawn out and stressful process. He is very angry but is considering how this would impact us if it went on for months. I have been a mess of emotions.

Zebra.

I know your situation and pain well.

If your H has a chance for another position at the same company — it’s hard to know whether to sue or not. Obviously a job is better than no job. Even at the same company.

The union may have the most clout here. Maybe they can get him reinstated or reassigned. That’s my hope for you.

If the employees are angered by it then they have to at least know your H was a very valued employee.

My H had sine left stage at his last company b/c there are at least 6 wrongful termination lawsuits pending. My H being a minority and over 55 were two additional factors that worked in his favor.

Some companies just plain stink!! Sorry your H faced this after almost 4 decades of employment. Prayers for a positive outcome for you.

Thank you!!

It helps to vent and all your kind words really do help.

Some of his customers have contacted him to ask what is happening. He can't say too much but they have let him know that he has been valued and dependable and they are hoping for the best for him.Two people have offered him jobs. Nothing that would work but the gesture was very much appreciated.

Nobody that he works with supports what happened. They fired another really good hard worker and then gave him his job back. They do this for sport.

I read through what is considered wrongful termination in my state and there is nothing that clearly applies here. I can't find a clear answer on the history of comp claims or being "injury prone."

That isn't what he is being fired for it was just mentioned in the meeting.

The fact it (his injuries) was mentioned is illegal.

Thank you 1st wife. I'm so sorry you and your H have been in this horrible situation. I honestly don't know how some people sleep at night. My H wanted nothing to do with a management job because he would not be able to treat hard working, honest employees the way this company does.

The union wants to negotiate a deal where he gets to walk away without being fired and can retire. If the company agrees to that and he accepts I'm guessing he could no longer go after them for wrongful termination. If he does go the attorney route than he looses his vacation pay and has a termination on his 35 year employment history while trying to get another job.

It seems like a big gamble.

A termination on a 35 year career is not something he should worry about. If anything, it reflects poorly on his past employer.

I would probably follow the unions recommendation. Part of that deal might be to find some way for him to keep his medical benefits for some time. It depends on how much the company want to spend in legal fees and in the tarnishing of their reputation.

I indirectly experienced a comparable situation some years ago. A big IT company and there was one employee that had been there for about 40 years. Only had 2 years until he could retire. He was the last specialist on a computer system that had been quite dominant (System/32) but was being faded out, and once the last customer turned off his IBM machine the guy was fired. There was a big uproar in the company, and after a few days management rescinded the decision, rehired the guy and had him do special project for the next 2 years.

Thanks! I wish that were the case. They don't care about tarnishing their reputation.

From what I am being told, if a future potential employer calls to verify his employment, they are allowed to say he was fired and why. That is not going to look good for him.

Coincidentally he was having back pain right before this happened. No comp claim but they were aware of it. He tried to take a sick day and they told him they didn't have any coverage so would he come in. He did. That's what he does and has always done. I had to put his socks on for him. They are unappreciative jerks.

[This message edited by zebra25 at 4:36 AM, Sunday, June 19th]

Update.

My H agreed to retire instead of being fired. His record will be cleared and he will be paid for his vacation and sick days.

He decided it would be too risky and stressful to fight them. It burns that they got away with treating him unfairly but he worked a very long time there and is ready to move on. We both are.

The good news is that he got another job with benefits that pick up the day after our current insurance runs out. He will work from home with better hours.

I hate that some companies choose to treat people this way. We couldn't get an attorney to call us back and the retirement offer was presented and he had to make a decision.

Thank you to everyone that offered suggestions and support!!!!

Congrats to Mr.Zebra25.
In the end if they wanted him gone, they would continue to find reasons. Best to remove yourself from that toxicity.

Edited - sorry, I missed your post that he got another job. Congratulations and hugs!!

[This message edited by Lalagirl at 8:11 PM, Friday, June 24th]

Wow, you all need to get a lotto ticket. That's amazing how good and quickly it all resolved.

My J was wrongfully terminated and it took him 6 mos to get a job.
We have both lost jobs due to downsizing or other corporate bs
It is amazingly stressful but landing a job that quickly is almost unheard of.

Congratulations!!!!

Thanks!!

He immediately worked on his resume and started applying for FT jobs with benefits. He will be making a lot less money but he can collect his pension so we will be ok.

He needed current supervisors as references. Two enthusiastically said yes they would be happy to give him a reference. That made him happy. They obviously did not support what was done to him.

We are so happy to put this mess behind us and move forward. I'm hopeful that things will go in a positive direction for us.

Thanks again for all the support!!

I’m am glad there was a happy and agreeable resolution.

However his former employer can only verify his dates of service and salary. In my state saying anything else derogatory is slander and a lawsuit is an option.

Your H is a good man who was completely mistreated.

But I think starting a new job without the anxiety and pressure he had from his former employer is worth it’s weight in gold.

Glad it all worked out.

Zebra

From my first post:

However… my experience is that once a door is slammed behind you it tends to open something ahead of you.

About 20 years ago I was fired from an IT company I had been at for 5 years. The reason I was fired was upper management and the decision was so resented by my co-workers that still to this date I get the staff-discount on computers and peripherals. That firing led me to reevaluate my career and I have since moved in another much safer and enjoyable career (from sales-management to high-end consulting).

When a door is slammed behind you then ride the wind it creates!

As difficult as this is to swallow, this is a pretty good outcome. I suspect he will be SOOOO much happier when out of what was clearly a toxic environment. Now after so long at one place, there will be an adjustment period— and that is totally normal.

Meanwhile, maybe work on some plans in case anything like this happens again— it will help put your mind at ease to know you have a plan in case anything happens. (Savings, part time job for you with benefits, whatever…. Just a plan).

Glad it seems to be working out perfectly.