Need Legal Advice...Thanks in advance

[Stuman]

My aunt was fired this week. She was the publisher of a local magazine. (This was the top position there) Her salary was $85K/Year. She turned 60 this year, as well. Management/ownership changed 2 years ago. When she was promoted several years ago she made it perfectly clear that she was not interested in managing other people, but they insisted and sort of forced her into the position. She reluctantly took the position and had been the publisher for roughly 7-8 years. She turned $50K/year profits into $240K/year during her reign as publisher. Not too shaby...

Over the past several months the management/owner kept mythodically raising and raising her workload until she could not possibly complete it all. At that point, she began getting disciplinary write-ups for 'sub-standard performance'. There was also another lady under her who she should have fired long ago, as she repeatedly brought persoal problems to the office. Well, when my aunt was fired on Monday, the excuse she was given was "Poor management".

Apparently since my aunt's removal the workload has returned to normal for the new publisher. Whoops! I guess my aunt found that out from a friend still at the company. It is obvious that her removal has been in the works for a while and the grounds for her removal have been artificially created for an underlying motive. I haven't decided what that motive is quite yet, maybe you MJ'ers can help me out. I'm thinking either:

1. Salary too high - Company is restructuring the position
2. My aunt is too old (60)

Personally I think she should nail their asses, but I'm no expert. What can she do as far as legal action is concerned? Can she file suit for her salary to be paid until retirement age? (What is retirement age?)

Thanks guys, I know I'll get some good advice.

Stuman

 

[acehistr8]

Wow, these cases are really tough to prove. Your aunt certainly sounds like she has a case. Did she ever put anything in writing, telling them the workloads were too heavy? If she did, emails or anything, I would think she would have something going for her. Did she mention during these reviews, which should be in writing, her belief that it was impossible for one person to do this work and that these reviews were unfair? Again, its good if she did. It probably wont look as good in a court if she never spoke out or never got anything in writing.

From a devils advocate point of view, if I was the company, they could claim hey we never knew she was having a problem. She never said anything to us - voice or email. We were up against a couple of tight deadlines and needed her to do some extra work. We had no idea it was a big deal for her.

Anyway, thats what they could come back with. Unfortunately in at "at will" work situation where she isnt under contract you would have to prove some sort of malice or ill-intent on the companies part to fire her for a certain reason. Whether or not she could get a smoking gun to prove that is tough to say, I dont know the case well enough. But its legal for a company to fire her and just say hey she wasnt doing her work. They have performance reviews to show that, hopefully she commented about them in writing at the time, otherwise she is stuck with reviews that show she wasnt doing the work.

Up to you guys to decide if its worth the money to fight something like this.

 

[taoist]

...you should have e-mailed me, brother.

1.) Is she employed in Tennessee? Did she have an employment contract?

2.) If yes (she was employed in Tennessee) and no (she did not have a contract), we are an "employment at will" state...which means that they can fire her for good reason, bad reason, or no reason whatsoever....

So, unless you can prove some sort of discrimination, she's not got the proverbal snowball's chance in hell...and even if you feel that there was some sort of discrimination, such as her age, these are very difficulty cases to prove.... Call or e-mail me and we can discuss if you want.

 

[Stuman]

Chad,
Tennessee, no contract. She was the oldest person there, but like you said, could be tough to prove. Thanks!

Stuman

 

[Eddie Haskell]

I would be interested in knowing the demographics of the individual who replaced her. Younger, less expensive, male/female, etc. I wouldn't be so quick to toss out an age discrimination case fellow counselors. I would further like to know if she was soon to be vested in some retirement plans or other type of time-related compensation.

Need more facts.

Ed

 

[taoist]

I would further like to know if she was soon to be vested in some retirement plans or other type of time-related compensation.

Need more facts.

Ed

...excellent point, ed. still, though these are difficult cases to prove, wouldn't you agree?

 

[Eddie Haskell]

Taoist:

Yeah there tough. I've handled two in my stellar legal career. Believe it or not, the amount of damages I recovered on behalf of my clients was less than the number of intelligent posts by Dr. Freeze.

Eddie

 

[taoist]

...too funny, ed. We've handled one in this office, but the gentleman had an employment contract and they fired him without cause...it settled rather quickly.

 

[DOGS THAT BARK]

Eddie My faith in you has been restored as I see you have done some work on legitimate causes also. :thumb:

Stu I think your assumptions on why she was released is probably right on especially if promotion to take her place was from within. The move increased their profit line about 35% "for now" if justice is served they will regress to the meager profits prior to her arrival and see the error of their ways. Sadly it will be too late for all concerned.

 

[ferdville]

If it is an "at will" state - things will be very rough as basically it allows companies to get away with murder.

I think her best attack would be age discrimination, of course, only if her replacement was younger and paid less money.

Gender discrimination would be a longshot if the person replacing her was a man and the new group had a pattern of replacing women with men, etc.

In any case, I hope she made notes, printed e-mails, kept a journal, etc. I am not an attorney, but was general manager of a few multi-million dollar companies for 16 years. I always recommend that anyone who feels they are being mistreated, abused or simply being pushed out....keep a journal of everything said and everything that happens - dates, witnesses, etc. Make hard copies of all correspondence.

It looks like the company is headed by labor wise people. Increasing work load, impossible expectations, altered schedules - all signs of being pushed out. The documented warnings given her will be tough to overcome especially if she failed to dispute them in writing.

The people I worked for learned to despise employees as thiefs, malcontents, etc. They made me follow a strict set of plans before we ever terminated an employee. During my 16 years, we never lost an unemployment claim nor a complaint to the labor board. The employer generally has all the ammunition and unless what they have done is an easily detected pattern, collecting anything will be tough unless she has data and documentation.

 

[Stuman]

Ferd,
My father was pushed into retirement this same way.