QUESTION
Shouldn't I be grandfathered in with my original employer, who obviously doesn't have this 7 year rule? Is my firing legal?
Asked on Feb 17th, 2014 on Labor and Employment - California
More details to this question:
I worked at a steel mill for 32 years until it ceased operations and closed down in 2008. From 2008 to 2010, I took a vacation, I babysat my grandkids, did a lot of fishing and camping and dabbled in the stock market. In 2010, I got my commercial drivers license and started driving a truck for a small company that delivers food to schools. Everything was going well until January when my company was sold to another food company. The new company treated us as new employees, making us fill out job applications, doing background checks, etc. Last Friday I was fired, the HR director told me the new company requires all employees to have a non-interrupted work history for the preceding 7 years, which I didn't have. I have never called in sick, no accidents, no tickets and my annual reviews were excellent. I have several questions: 1. Shouldn't I be grandfathered in with my original employer, who obviously doesn't have this 7 year rule? 2. Is my firing legal? 3. Should I retain a lawyer and/or file a case with the Labor Board to try and get my job back? I appreciate any and all help you can give me in this matter. Thank you.
4 ANSWERS
No, you are not grand fathered in Not all discrimination is illegal. Requiring all employees to have a non-interrupted work history for the preceding 7 years is not illegal discrimination. There is no "Labor Board" in Georgia. There is the Board of Review of Ga DOL, but all they do is review unemployment decisions. There is the NLRB (National labor Relations board) but all they do are union related disputes, such as strikes, organizing unions, etc. No, no lawyer can help you. You have no grounds to sue. For more info, Google this: Georgia, employment at will.
Answered on Feb 21st, 2014 at 5:34 AM
Automobile Accidents and Injuries Attorney serving Knoxville, TN
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Baker Law Firm
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In Tennessee, you are employed at-will, that is at your will to go to work, and the employers will to have you and either party may terminate the relationship with or without notice, and with or without cause. That said, there are many exceptions including the ADA, EEOC and other violations. ?In your case, I would seek the advise and counsel of a respected and experienced attorney as the reason given for the discharge may be a pre textual reason for the discharge, such as age discrimination (presumption of age discrimination for those over 50) etc., disability discrimination etc. For example, it would be interesting to find out if there are others who had similar gaps in employment who were not discharged, but who are younger workers etc. You are also entitled to unemployment benefits. The "Labor Board" will be of no help in this situation.
Answered on Feb 21st, 2014 at 5:33 AM
If you are in Wisconsin, contact the Wisconsin Equal Rights Division.
Answered on Feb 21st, 2014 at 5:32 AM
Administrative Law Attorney serving Pasadena, CA
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Your employer's rule is silly but not unlawful. There is no law re grandfathering that would apply on these facts. Apply for unemployment benefits.
Answered on Feb 21st, 2014 at 5:32 AM