fired for being too old

[PeteH196073]

 I have been working at a nursing home for almost 30 years as a dietary manager. I was good at my job. For the past few years owner ship of nursing home has gone through several changes. this last year owners who are basis in California started running the home. they came in complaining of overtime and missed punches on the clock. I tried to explain to them that I can't force people to work. Sure, we have good people that are willing to step up and work extra hours to ensure the residents are feed and taken care of. That was my number one action to ensure residents were treated with respect and fed.  

Well, they fired me last week. For those complainants as stated above. They planned well in advance to fire me hiring my replacement weeks before. The new manager even said they wanted to go younger in my position. They did not offer me any kind of retirement package of even a demotion. I gave my heart and soul to that place. The HILLTOP at blue river care located in Kansas City MO. I am 72 and still feel I can work. I feel like they just threw me aside like a piece of old meat.  What can I do? Sue them for age discrimination. 

[Winter2025VA]

[Monday 5/12/25]

Pete @PeteH196073 , how are YOU doing?

I was wondering IF you were able to use any of OUR "suggestions" or have found a solution of YOUR OWN?

Take care,

Nicole  💼  (Job Forum)

[papawofboo]

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.

[Winter2025VA]

Pawpaw @papawofboo , poor guy is properly depressed and will stop by when he feels up to talking again. Sometimes you CANNOT find a post AGAIN in the famous BLACK HOLE (this OUTDATED site). I am sure he APPRECIATES all the input. Take care, Nicole  👵

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➡️[*** @papawofboo wrote:

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. ***]

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[LindaT875508]

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.

[GailL1]

@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.

[WebWiseWoman]

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!

[Winter2025VA]

Pete @PeteH196073 , I am sorry this happened to you BUT there are OTHER ways to add purpose to your OLD AGE my friend.

As far as PROVING they fired you because you are age 72, in my very humble opinion - that will be hard to PROVE. But as always, IF you feel a need to pursue this - go for it and find an attorney who will represent you.

Meanwhile, DO NOT BLAME yourself = this was a VERY TOXIC situation and one that you would be carried out in a body bag. At age 67 myself, I NEVER pursue situations where OLD FOLKS are NOT welcome.

IF you can AFFORD time to REGROUP. Take this time to HEAL & REST.

IF NOT, are there any Temporary Work Agencies near you?  🤔  NO pressure to reply. IF YES, sign up with ALL of them for some FUN GIGS or something in your field. LOTS AND LOTS of places will WELCOME your WISDOM, KNOWLEDGE AND HARD WORK.

Good Luck,

Nicole  👵

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[*** @PeteH196073 wrote:

 I have been working at a nursing home for almost 30 years as a dietary manager. I was good at my job. For the past few years owner ship of nursing home has gone through several changes. this last year owners who are basis in California started running the home. they came in complaining of overtime and missed punches on the clock. I tried to explain to them that I can't force people to work. Sure, we have good people that are willing to step up and work extra hours to ensure the residents are feed and taken care of. That was my number one action to ensure residents were treated with respect and fed.  

Well, they fired me last week. For those complainants as stated above. They planned well in advance to fire me hiring my replacement weeks before. The new manager even said they wanted to go younger in my position. They did not offer me any kind of retirement package of even a demotion. I gave my heart and soul to that place. The HILLTOP at blue river care located in Kansas City MO. I am 72 and still feel I can work. I feel like they just threw me aside like a piece of old meat.  What can I do? Sue them for age discrimination. ***]

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[papawofboo]

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.

[Winter2025VA]

Papaw @papawofboo , I also wonder IF they had a PENSION PLAN.

PETE @PeteH196073 WROTE: working at a nursing home for almost 30 years as a dietary manager.

ME: That is ALOT OF YEARS not to get anything for his OLD AGE time at age 72!!! 😤

Take care,

Nicole  👵

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[*** @papawofboo wrote 4/10/25:

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. ***]

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[papawofboo]

30 years should get you vested for sure. But, he said it had been with several different owners and that can be a problem. Had some friends who worked for a small chain of stores. A big corporation wanted a foot in the door so they bought the chain, paid top dollar and the seller looked out for his employees. Got them grandfathered into that corporate pension plan. They made out great, several years later, big company had to sell the stores off. This time the employees started out at square one. It all depends on how bad someone want the company or bad off the company is that is selling.

[Winter2025VA]

Papaw @papawofboo , thanks for info. Pete @PeteH196073 , another thing that MAY help is SHARING your story with YOUR "local" media. Sometimes this gets their attention to do the RIGHT THING = lay you off with a Severance Package. This would ALSO entitle you to UNEMPLOYMENT. Anyway, we are here IF you want to stop by AGAIN. Hope so! But NO pressure at all. Take care, Nicole  👵

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[*** @papawofboo wrote 4/10/25:

30 years should get you vested for sure. But, he said it had been with several different owners and that can be a problem. Had some friends who worked for a small chain of stores. A big corporation wanted a foot in the door so they bought the chain, paid top dollar and the seller looked out for his employees. Got them grandfathered into that corporate pension plan. They made out great, several years later, big company had to sell the stores off. This time the employees started out at square one. It all depends on how bad someone want the company or bad off the company is that is selling. ***]

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