He fired me..then lied to ESC

[Janey Smith]

I was fired last month after working for a doctor for nearly five years. This doctor fires staff regularly- usually turning over 85% of staff every year- even including other doctors he has hired. Numerous times during my employment, this doctor made comments to me about my medical insurance costing him more because of my age. (As a benefit, the doctor agreed to pay my medical insurance premium when he hired me. Later, he made a comment that he did not realize my premium would be so high because I looked younger than I am). I could tell my age was a factor that cost him money, and he did not like this. So many people were fired from the office, none of us ever felt "job security", and I always figured he might try to get rid of me because of my age. I am 53.
Well, not long ago, he was late returning from lunch. The staff was upset because they could not start work without him. I went to the back door and called out to him and the office manager(still in a car) to hurry because we had patients waiting, and went back to my desk to continue my work.
I was fired the next day- he says I yelled at him. I could not believe he percieved a call for help as "yelling at him", but he would not consider any explanation.
I have now been turned down for unemployment because he gave ESC a statement that I yelled at him in front of staff "members"-and "abruptly left shutting the office door." There was only one employee, the office manager, and she says she did not perceive my call as yelling at him. Also, the outside door closes automatically. A reviewer only believed his side, and judged this as "misconduct". I will be appealing this decision.
I realize he can fire me for whatever reason he likes... but I truly believe the true reason he fired me is because of my age. Do I have any chance of proving this? Also, in March '06, after 5 years employment, I would be due 3 weeks vacation. More money out of his pocket.
I realize "wrongful termination" is a specific legal term, but what elements must be present when someone fires you and the only logical reson is age? He made comments to me all along about my age as if it was a detrement.I never had a negative annual review.

[cbg]

But by your own admission, your age is NOT the only logical factor. You yelled for him to hurry because there were patients waiting, and you did so in front of at least the office manager. I don't see that it's a lie for him to claim you yelled AT him in front of other employees; while that may not have been your intent it's not an illogical conclusion for him to have come to.

[Janey Smith]

It seems to me there should be some latitude of understanding between a person "yelling" at a party, as opposed to a person "calling" out into a parking lot to advise that party he has patients waiting (as a good doctor should want to know). It seems to me a reasonable person would make this distinction.
In nearly five years of employment, I have never yelled at anyone in that office. To yell at anyone would have been totally out of character for me.
I did not walk up to him and raise my voice in anger with the intent to chastise him. I called out from a doorway to inform both the office manager and the doctor patients were waiting. The office manager understood this, and has said she will give a statement to the ESC in my behalf for the appeal.
Do you think if I successfuuly establish these points I will have a chance at overturning the ESC determination I was fired for "misconduct"?
Thank you for answering my post.

[cbg]

You might, possibly, be able to convince the ESC to grant unemployment benefits, on appeal. However, there is no connection whatsoever between receiving unemployment and a wrongful termination. Even if you are successful in the unemployment appeal, it will not make this a wrongful termination and will not, in my opinion, be sufficient to prove you were fired because of your age.

[Janey Smith]

Thank you so much for helping me.
About the age discrimination:
He is a bright man- he is not going to say I am firing you because you are getting older and costing me more money. He looked and looked until he finally found something he could twist to make it appear I did something so bad he was justified to fire me. What evidence might convince a judge or jury the real reason was something other than the stated reason for termination?

[cbg]

Before you get anywhere near a judge or jury, you have to file a complaint with the EEOC or your state human rights commission. You CANNOT file a lawsuit until you have a right-to-sue letter from one agency or the other.

You have one very difficult factor to overcome in an age discrimination suit, in that you were close to 50 when you were hired. Age discrimination begins at 40; even if you look younger than you are you can't tell me he didn't know you were at least 40. Just your resume should have told him that - you can't have worked 15 or 20 years and still be in your 20's.. So if he had a problem with your age, presumably he wouldn't have hired you in the first place.

But to answer your question, the investigating agency will look at the pattern of firings. If all, or most, of the people he fires are over 40, it will give your claim more support. If a sufficient percentage of people fired were under 40, that will make it more likely that the reason he gave for firing you is a supportable one.

[Veracity]

"As a benefit, the doctor agreed to pay my medical insurance premium when he hired me."

Janey, please explain how you managed to pull off this trick? I would like to try that with my next employer!

[Janey Smith]

It was not a "trick"... I have a Master's Degree, and many years of experience. I was vastly over qualified for the position I was accepting, and he knew it.
He used the medical as a job "benefit" to attract and hold good employees. (To constantly hire and train new people is costly, so the rationale: "give" a good benefit, keep a stable staff, increase productivity.)
My benefit only equated to a little over $3.00 per hour (close to $700 per month) with that group plan. The same BCBS plan to purchase now on my own- for me and two children- is about $2,400 per month. Interesting.