Found an issue on this page? Let us know and we will look into it as soon as possible.
Husband let go from Home Depot almost 19 years - termination said they no longer felt confident in his ability to manage.
Anonymous2 views4 answers
So in his district - 8 of 10 Store Managers were termed (a few were able to transfer of the district) but only two managers remain out of 10.
Now within the last 6-8 months, Home Depot has began terminated veteran assistant managers and senior employees - almost all are over 40.
In one instance female department manager was accused of steeling a lawnmoyer and not following policy when you bought it in one store and returned in her store she worked because she was instructed too. This happened in July and was termed this month.
Another long time Assistant was fired because allegedly staff in the store was imputing positive customer surveys. He too is over 40.
Mass termination occuring, most seeming trivial and set up. And most seem to be these veteran managers who are over
Generally speaking, your husband and the other managerial employees are at-will employees who can be terminated at any time by Home Depot. However, if the facts are as stated by you, it may be that it can be demonstrated that Home Depot is engaging in a pattern of age discrimination by terminating employees 40 and over, particularly if it appears it is manufacturing reasons to do so. I would be interested in talking with your husband and other terminated employees to explore the possibilities of legal action against Home Depot. It is important to do this immediately as complaints must be filed with the California Dept. of Fair Employment and Housing no later than one year from the date of termination. You may call or email me directly so that we may further discuss what has occurred.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Kevin Michael SchwinDiscrimination LawyerFresno, CA ·
I am not really sure what your question is but it appears you want to know whether there is a possible claim for age discrimination. It is hard to tell based on the limited information you have provided. I can say that the mere fact that a disproportionate number of older workers are losing their jobs is not, in and of itself, enough to build a case on unless there is a statistically significant sample size. A sample size of 10 is probably not statistically significant. 8 out of 10 does raise eyebrows however, especially if all 8 were over age 40 and the remaining 2 were under 40.
In all likelihood though, each individual would have to prove his or her case individually. This means that each individual would have to prove essentially that the stated reason for his or her termination is a "pretext." A termination can be proven to be a "pretext" in a number of ways. The most common way is to show that other employees under the age of 40 engaged in the same conduct but were not terminated. Another way to prove pretext is by showing that the stated reason is a lie, or not based on any facts. It is difficult to prove that the stated reason is a lie because you essentially have to prove a negative (i.e. that the employee did NOT engage in the conduct for which s/he was terminated). However, just because it is difficult to prove does not mean it cannot be proven.
There is much more information that would be needed to evaluate the case. I definitely think you and your husband should speak with an attorney about this. I take cases of this type. You may contact me if you like.
Arkady Igor ItkinEmployment / Labor AttorneySan Francisco, CA ·
Hello,
It's possible that your husband has a legitimate claim for age discrimination, but more facts about his individual case and the circumstances of his termination are needed to determine that, along with information about other older employees who were terminated.
Thanks, and feel free to follow up.
Arkady Itkin
Michelle A. PerfiliBusiness AttorneyLakeside, CA ·
In addition to the above information, know that the requirement to file a complaint with either the EEOC (the federal agency) of the Department of Fair Employment and housing (the state agency) is a prerequisite for filing a lawsuit. It is referred to as "exhausting your administrative remedies". Either you can opt to have the agency investigate or you may obtain a "right to sue" letter and file suit immediately. The question in all such cases is whether the employer is acting with an unlawful motive in making the employment decision (i.e. age, gender, race, etc.). Many employment lawyers will offer a free consultation and you can discuss the particulars of your case, the fee structure for their services and the options available to you. Feel free to ask any questions.
