Is this LEGAL ?

[Oilerfan92]

My aunt just got fired from her job. Its a really minor job, just working at a gas station near her house. It doesnt seem like much, but its good because it gives her stability in her life which has been VERY unstable the last little while ( especially after her husband died of cancer).

She goes in on her first day, works a couple hours, then she gets her schedual and goes home. The next day, she goes in, and one of her co-workers tells her to go see the manager. She goes in and tells her that there letting her go because shes too old.

ITS A GODDAM GAS STAION/ CONVENIENCE STORE ! HOW YOUNG SHOULD YOU BE TO WORK AT ONE !

 

[SturmDolch]

In Canada, you'd get your ass sued and a billion old people protesting at your gas station if that happened. Tell her to take it up with whatever Human Rights Committee they have in your country, and go to the media.

 

[manaman]

Age discrimination is not legal, well depending on where you live. It would really help to have a county, and a province/state, maybe even a city so that could be checked on.

 

[himemiya1650]

I don't know what country you're from but in Canada in all judicial branches its fair game. The probation period is 3 months, where you can fire and employee for whatever reason.

 

[Booze Zombie]

My aunt just She goes in on her first day, works a couple hours, then she gets her schedual and goes home. The next day, she goes in, and one of her co-workers tells her to go see the manager. She goes in and tells her that there letting her go because shes too old.

ITS A GODDAM GAS STAION/ CONVENIENCE STORE ! HOW YOUNG SHOULD YOU BE TO WORK AT ONE !

Uh yeah, that doesn't sound legal.

 

[Marine Mike]

Equal opportunity includes age, as long as she's able to do the job then they're in the wrong.

 

[Oilerfan92]

Shes like in her 50s.

I just dont see the reason behind it. She isnt a liability, there would be another worker or two working with her. She hurt her leg in a car accident a couple years ago, but that healed up and she isnt the kind to sue the store if she DID get rehurt.

 

[TheHoboHunter]

If hes specifically said "your too old" then that age discrimination but if he said were firing you for no apparent reason and only hinted that it was age then its legal. Discrimination cases are rather hard to prove you need a lot of evidence and of prior cases.

 

[Oilerfan92]

Ill be honest. I got this info through my mom from my aunt. And, while i love them and that, they arnt exactly unbiased. Im not ruling out the manager having a viable reason for not taking her on, and then having my aunt or mom take that as something different.

 

[BlumiereBleck]

In America it is illegal.

 

[Infinite Betsy]

That really doesn't sound legal. You shouldn't be able to fire someone because of their age if they are able to do the job. Secondly, regardless of whether or not it is legal, the employer would have met her and been able to see approximately how old she was before hiring her. Why go to the trouble of hiring someone and then firing them a day later? It doesn't really make a lot of sense to me. They obviously thought she was good enough to hire. They should have given her a chance to actually do the job.

 

[Chase Yojimbo]

If hes specifically said "your too old" then that age discrimination but if he said were firing you for no apparent reason and only hinted that it was age then its legal. Discrimination cases are rather hard to prove you need a lot of evidence and of prior cases.

Still, wouldn't she be aloud to get 2 weeks pay for being fired without a reason? even then she can call up Workers Compensation and black list the manager, making him look like a horrible employer, thus decrease his revenue dramatically. or am i wrong?

 

[King of the Sandbox]

Well, here in North Carolina, USA, you can be fired for anything or even nothing at all.

It's called 'At-Will Employment' or something, and it's bullshit.

IMO, you hire someone, you shouldn't be able to fire anybody for any reason other than them not doing their job properly.

 

[Shoggoth2588]

Age Discrimination = Discrimination = not legal. Your aunt should be able to sue the stations owner for discrimination. Even an out of court settlement should provide her with some measure of stability

...

out of curiosity though, how old is she?

 

[daSchoof]

Ill be honest. I got this info through my mom from my aunt. And, while i love them and that, they arnt exactly unbiased. Im not ruling out the manager having a viable reason for not taking her on, and then having my aunt or mom take that as something different.

Honestly if it were age discrimination then why did he hire her in the first place? Like you said you really don't know why she was fired but my guess would be that her age had little to do with it on her second day. I don't want to disrespect your aunt or your mom, but they may have just been bitter about the termination.

If hes specifically said "your too old" then that age discrimination but if he said were firing you for no apparent reason and only hinted that it was age then its legal. Discrimination cases are rather hard to prove you need a lot of evidence and of prior cases.

Still, wouldn't she be aloud to get 2 weeks pay for being fired without a reason? even then she can call up Workers Compensation and black list the manager, making him look like a horrible employer, thus decrease his revenue dramatically. or am i wrong?

If I got the OPs story right she was terminated on her second day, so the employer was well within the probation period (if this is in the US or Canada). Within the first 3 months of employment the employer or the employee can terminate the contract without notice (unless the contract states otherwise, and unless some states in the US have laws I am not familiar with).

 

[Srkkl]

Sue for wrongful termination, It's just a gas station so not much money will come from it but she could settle to just getting her job back.

 

[evilartist]

I don't know what country you're from but in Canada in all judicial branches its fair game. The probation period is 3 months, where you can fire and employee for whatever reason.

Well, that's just it. The boss only fucked up by giving her a reason why she was fired. Most employers can get away with firing anyone as long as they give vague reasons like "We don't require your services anymore" or something like that. Even with the probation period, he still shouldn't have mentioned the age part.

 

[aPod]

I don't know what country you're from but in Canada in all judicial branches its fair game. The probation period is 3 months, where you can fire and employee for whatever reason.

Well, that's just it. The boss only fucked up by giving her a reason why she was fired. Most employers can get away with firing anyone as long as they give vague reasons like "We don't require your services anymore" or something like that. Even with the probation period, he still shouldn't have mentioned the age part.

Exactly, because of the way it was worded this was discrimination and you actually can pressure the gas station to get her job back.

 

[Pegghead]

That sounds like a case of illegal discrimination to me. Personally I'd rather be served by a seasoned old woman than some bored obnoxious teen.

 

[dusk storm momma]

Well, here in North Carolina, USA, you can be fired for anything or even nothing at all.

It's called 'At-Will Employment' or something, and it's bullshit.

IMO, you hire someone, you shouldn't be able to fire anybody for any reason other than them not doing their job properly.

"At Will Employment" is bullshit. But even in "At Will Employment" states it is against the law to fire for discrimination. AZ is an "At Will Employment" state with exceptions.

Whiston523 if your Aunt was fired from a job in the US and she believes it was due to her age, she can file a claim with the EEOC.