fired today

[attakus]

Pertaining to state of Virginia:
I was fired today from a General Manager position. On the paperwork given to me to take to the unemployment office, the reason listed was " lack of work", which is simply not true. My company closed 2 of the 3 restaurants due to poor financial performance. My restaurant was the only one to remain open. Some quick background, I have been recognized 4 out of 7 years with a "reward trip" company paid for excellence in performance, 2006 being the last year recognized. I have been awarded for highest guest count increase for the year in the Atlantic region years several years ago. My restaurant was the only one in Virginia to experience positive guest count growth this fiscal year. I am 50 years old, have a son with lifetime disabilities, and a wife with a serious uncurable kidney condition. In addition, I injured myself at work almost two years ago, rupturing a disc in my neck requiring surgery and vertebrate fusion. My company is self insured, administered by an outside agency. My medical bills are well above average (I currently spend about $10,000 per year in medical, company pays rest). I asked for a specific reason why I was being terminated and was told "to bring in the best mgmt team possible". A general manager from a failed store?? They terminated the entire management team and brought in all managers from failed stores. I made roughly $15,000 more per year than the Gen Mgr I am being replaced with. do you think this could be unlawful termination due to performance, wage, age or medical? I am really perplexed as how managers from failed stores are justafiably replacing managers from a well run successful store!

[cbg]

There is no such thing as unlawful termination regarding performance. You can walk on water and still legally be fired for performance reasons.

The same regards wage. There is nothing illegal about firing the highest wage earners to save costs unless it is a pretext for an age discrimination claim. By no means all cases of firing the highest wage earners are such pretexts, even if you are over 40.

It is POSSIBLE that it might be an illegal termination based on age, disability, or use of medical insurance, but there is nothing in your post that clearly says so. There is also nothing in your post that clearly says otherwise. By all means discuss it with a local attorney if you believe it to be the case.