fired for being too old

Anybody can sue anybody for just about anything. Do you have a winnable case is the question. Where I live if you turn on the local news you will see many ads for lawyers who handle cases like yours. The biggest in the nation, so they say, is Morgan and Morgan. They claim to be national wide. Plus they only get paid if you win Being 72 if you are goanna sue then you better get the ball rolling because these types of cases can get dragged out several years.

Pete, first please breathe; and know you didn't do anything wrong based on the info you posted!

I think I recognize your first concern was for the retirees; if so, contact the Missouri Department of Health & Senior Services (opens in new tab/page) and advise them of your concerns.

Next, check AARP Legal Advocacy for Attorneys available who specialize in Labor Law violations in KC.

I so back you, Pete! Thank you for being a caring person in my home town! My Mom is there in a different care facility and I can only hope there is someone there as caring as you!

@PeteH196073 

Sorry you lost your job after such a long term of employment.  However, 

Missouri follows the Employment-At-Will doctrine. This means that both the employer and employee can terminate the employment relationship at any time and for any reason, as long as there is:

• No employment contract being broken
• No discrimination under civil rights laws (based on race, color, age, national origin, religion, ancestry, sex, or physical/mental disability)
• No merit laws apply, or
• The state’s limited public policy exception does not apply.

That’s from the MO Dept of Labor.  

From your post, I gather with the title of, dietary manager, that you were in charge of the schedule, the employees in this area, the supplies to do the job and perhaps meal schedules and menus, many of which may be of a special type.

 Evidently the [new] employer wanted to cut down on overtime and get the job done by the employees that were scheduled to be there and perform - part time or full time.  I guess some of them were not showing up and thus perhaps overtime was then scheduled for those that did show up and were already there.   That’s logical but against what the employer wanted.   As in many managerial positions, it is up to you to solve the situation or document your problem with the powers that be, if you didn’t have the hire/fire responsibility.  

I cannot speak to them already hiring someone to take over your job - there could be several reasons but which are unknown for my post.  What this person said could have bearing if you can muster up proof that is what they said about “going younger”.  

As to your pay or severance, MO law says that they have to pay you immediately for any time/salary that was due at the time they fired you.  You have the right to legally get this - for $ 5000 or less via small claims court or if more thru a higher court with probably legal representation.  As to any retirement funds, they should give you the option of moving it to any place you want, if it is a deferred retirement  benefit - like a 401K, IRA or the like.  For any pension benefits, you will need to do some research on the type and the conditions of distributions - definitely you would get back all that you paid in and possibly what the employer may have contributed - read the pension details, especially since you had been there for so long if the pension had been in force for that length too.  

As to age discrimination ????  That’s your call if you want to pursue it - maybe you could have a consult with a civil rights attorney to consider your options if any based on what the attorney says.

I looked up the facility on the Medicare site and they do not have a very good overall rating and there were (2) specifically mentioning food prep and disposal infractions in the last few years as well as others and they have been fined for several of them.  I did not look at the MO state site but what is on the Medicare rating site comes partly from the state and surveys from the patients/residents.  

Good Luck to you in your next endeavors.

Sticking my 2 cents in here (as a retired HR pro) ... I would talk to your LOCAL Office on Aging and get a referral to an attorney .. based on your issue, Legal Aid may not be able help .. IMHO as a retired HR specialist, I can tell you that discrimination may be challenging to prove .. the climate may have changed and if so, good for you. Good luck to you.

Several of us have replied to this post and he has yet to acknowledge any of them???

Would be nice to know what he decided to do.