Possible Wrongful Termination? What are your thoughts?

Hello,
I am writing on behalf of my father. My father has been employed at Toyota for 10 years. On friday he was told by a supervisor, halfway through the day to go home, and did not give him a reason why. He just said that the boss informed him to do so. (FYI supervisor does not like my father, and not on good terms with him. He is a young punk) That evening, the supervisor called him and told him he did not need to come into work the next day. The next morning, the supervisor told him he was being released from his position as a technician at Toyota . When he asked why, the supervisor told him that it was because he did not drive the vehicle for one mile after servicing it. However, my father did not ONCE receive any verbal or written warnings, nor did the supervisor, boss, or anyone from management address this issue, or bring it to my fathers attention. If he is not informed of this problem, how can he fix it? He was never given the opportunity. I believe they are also discriminating against him because of his age, (he is turning 60 next month) he is the oldest technician there. I am going to speak directly with the boss on Monday to find out the grounds of his termination, since his boss never spoke with him directly. Share your thoughts about this.

If you read the posts here they all say the same thing.

You can be fired for any reason except a protected one (Age, race, Sex, etc.) or no reason at all.

You would need to prove that your father was fired because of his age and if the company has employees your fathers age then age discrimination would be hard to prove.

Bosses are allowed to be jerks and tell you to go home.

They do not have to tell you did something wrong and give you a chance to fix it.

You can get terminated because your name is Bob or because you wore blue shoes.

Employers do not have to give written warnings.

Your father needs to file for unemployment insurance asap and start looking for a new job. With his experience he should be able to get a better one - try another local dealer.

I would NOT go to the dealer on monday and confront his boss as this may land you in jail or could make it harder for your father to find a job. If he is upset then HE can always contact corporate / owners and let them know what went on. You love your father - just don't make things harder on him while he is looking for a job by getting in the middle of this.

Possibily,but has the company done this to other older workers in the past?  You will need some sort of proof that it was done because of age, not just a theory.

And I mimic the other post when I say STAY OUT OF IT!  You can do behind the scene encouragement and Internet research, etc., but you will do great harm by contacting the firm yourself.

Nothing in employment law requires they write him up prior to terminating him.  The employer may have a POLICY that states this but that is a far cry from law and I guarantee you there is a statement in the employee handbook that says the employer can deviate from it at any time and is not bound by it.  Are other technicians being let go in his age group?  If he is the only one they let go then it is highly unlikely it is his age it may be coincidence.

"I am going to speak directly with the boss on Monday to find out the grounds of his termination, since his boss never spoke with him directly. Share your thoughts about this."

I realize you are upset for your father but it is NONE of your business and the boss has no reason to speak to you and you will cause more harm than good.  You could very well cause the employer to contest his UI benefits when he files.  STAY OUT OF IT.

"When he asked why, the supervisor told him that it was because he did not drive the vehicle for one mile after servicing it."

THAT is the reason for his dismissal.  They did tell him.  Could it have been for age?  Possibly.  He can still file a complaint with the EEOC if other people are being let go in his age group as well for similar reasons then there is a pattern and the EEOC can find it and establish that.  He will be given a right to sue letter and can sue for wrongful termination based upon age discrimination.

Your intereference by calling the job site will only cause trouble for your dad.  If I were his boss and you called I would either not take the call or hang up on you anyway.  This is his battle to fight.  Be supportive.

He needs to file for his UI benefits and start looking for a new job.  He is certainly encouraged to file the EEOC complaint if he suspects age discrimination.

If your father is a member of one of the auto unions, he can discuss the situation with a shop steward.

But, auto unions tend to be in the plants, not the dealers or show rooms.

He can contact the EEOC about filing an age discrimination complaint.  He also can file for Unemployment Insurance benefits and should do so promptly.

He should start looking for a new job ASAP.

I agree with the advice of others about you staying "out of it".  There is nothing good that can come of you making such a call.

How would you like it if the situation was reversed and your father called "your boss" or "former boss"?

FYI:  I don't know what the age difference is between you and the "young punk," but already I can sense that your intent is to try to power play.  Aside from the fact that the issue is between father / employer, you'd either be laughed off the property or escorted by the police.

And that would be a little addendum the boss could add when a prospective employer calls for a background check.

Daddies don't need their juniors playing He-Men. 

If he feels it was age discrimination he may contact an attorney or EEOC.

sequoia:

If you are going to report age discrimination contact the DFEH (Department of Fair Employment and Housing, a California agency), not the EEOC.

The poster doesn't contact anyone.  The father does.  The poster resides in CA.  There is no indication where the father lives.  The agencies cross-file.

I know many of you have said to stay out of it, but I forgot to mention the reason I was going to talk to the boss was because my father's english is not that great, he would not know where to start or what questions to ask. I just feel that they are bullying him around because of his age, race, and they assume he doesnt know his rights... which is true, he doesnt.

"I just feel that they are bullying him around because of his age, race, and they assume he doesnt know his rights... which is true, he doesnt."

Then take him straight to the EEOC to file his discrimination complaint.  Stay AWAY from the employer.  If there is a valid complaint to be had then they will find for him and issue a right to sue letter.  In the mean time you can use the "Find a Lawyer" feature on this site to start looking for qualified counsel in your area for your Dad to discuss the merits of his case with. If there is ANY merit to possible discrimination in his termination then they will tell him up front for a low or no cost consultation.  If there is a case with the right to sue letter most firms will take the case on contingency.  His english skills will not be an issue as you can be of assistance between him and the attorneys or one can be found that speaks his language.  There is no need to be a go between with the employer.  If there truly is a case and you go to the employer the ONLY thing you stand to do is jeopardize it.  CLAM UP.

Thank you everyone, so much for your feedback and advice.

Thank you for your feedback and advice!

EEOC and lawyers have language interpreters.  You might know the language, but you don't know the employer's reason for terming him; you don't know your father's past history in relation to the employer; you don't know the ratio status of employee classification. 

He has been termed. The last thing that he, or anyone -- except an attorney or EEOC -- should be doing is "questioning" the employer.  The employer doesn't have to answer you.  The employer doesn't have to answer your father.  The employer isn't going to take him back if you question them.

Your intentions are good, but should your father have a valid claim, your interference could come pretty close to nullifying it.

He needs to discuss his situation with the appropriate agency.  They will inform him of any rights he may have.

I spoke to my father and told him that me talking to his employer would be a bad idea. He said he still wishes to talk to his employer, bc he wants to know why he would be fired after 10 years over such a trivial matter,when he has never had the issue addressed to him. Is talking to his employer himself a bad idea??

He can talk to them but odds are they will not give him any additional information.

People are getting let go left and right and if you try to figure out why you were let go and hold on to that anger it will appear in your job interviews. The last thing your father wants is for his ex employer to be contacted by a potential employer and them giving him a very negative refrence becasuse he keeps calling.

He is free to contact them - just don't be suprised by the response from his company and any negative referals.