I was fired because I am under 18. Is this unlawful?

Question

I got a job about a week ago. However, yesterday I was called and fired because I am under 18, even though they already hired me, and I had already worked there a week. The job was in stationary- retail. There was no food serving or anything going on, and I assure you, this had nothing to do with OSHA regulations. I did not withhold information, and I made them well aware of my age specifically to prevent this from happening. I am a junior in college, but I am only 17, so it is difficult for me to find a job in Chicago. Is it unlawful for this company to let me go, and if so, what are the laws regarding this issue? Thanks!

Answer 1

Did you tell them that you were 17? Well over here you can get jobs at 16 in supermarkets and such.

Answer 2

i dont know if its against the law but it def doesnt sound right.

Answer 3

laws vary according to the state... if you look in any hr department.. or even ask a manager at walmart or somewhere they should be able to give you a phone # or at least a name you can google!

Answer 4

It could be that their Workman's Comp. insurance did not cover anyone under the age of 18. That has nothing to do with your parents' health insurance.

Illinois is a "employment at will" state. Your employer can fire you any reason or for no reason at all. In other words there are no laws that protect you in this instance.

Age discrimination laws only protects individuals over the age of 40 who has been replaced by younger workers.

Answer 5

Maybe they checked with their insurance co. and found out it doesn't cover you so they had to let you go.  Insurance Co. coverage has nothing to do with OSHA.  OSHA just handles on the job injuries.

Answer 6

Your answers are right here: http://answers.yahoo.com/question/index;...

Answer 7

If you are 17 you should be allowed to work. If they are doing it because they think it's against the law they can be sued for firing you in the first place.  

Answer 8

Talk to the Labor board.If you let them KNOW you were under 18 before they hired you, then you can sue for unemployment ,loss of income etc.

Answer 9

Perhaps your job requires you to work at night?  If so, anyone UNDER 18 needs an adult there.  Perhaps it is the companies policy not to hire minors because of this fact.

Answer 10

It is unlawful

Answer 11

Unfortunately, it was probably against the company policy to hire anyone under 18 and the person who hired you may not have known that at the time.  That policy is not illegal even if Child Labor Laws would allow you to do the job - a company is allowed to put a minimum age requirement on employees.  (The labor laws requiring employers not to consider age as a factor in employment are designed to protect older employees.  Many people just think it means age cannot be a factor but it does not require employers to hire minors.)

Someone suggested you file for unemployment, but I'm sure you will find that working for them for a week has little effect on your eligibility for unemployment benefits.  If you were going to sue them for hiring you and then releasing you, you would have to show that the week of employment with them cost you something - for example that you passed up other job offers (which are no longer available) because you had been hired by this company.  Again, the length of your employment (1 week) makes it unlikely that you would prevail.

It stinks that someone hired you knowing you were under 18 and then they let you go.  But since you had worked there only a week, it sounds to me like your time was turned in and your paperwork processed and someone caught the fact that you were under 18 and brought it to the attention of the person who hired you and since their policy was not to hire minors, they let you go.  The only way that this would be illegal is if there are other minors working there in the same position for which you were hired but they only let you go and not the others who were under 18.  

I'm sorry that there isn't anything else you can do.  It really isn't fair and it isn't your fault that the person who hired you went against the company policy - but I really believe that is what happened to you.  I do suggest you write a letter of complaint to that person's supervisor or if it is a franchise write it to the home office.  If their policy is not to hire those under 18, it won't get your job back; but it might make you feel like you're helping to correct a wrong rather than just being a victim of this person's stupidity.

Keep looking.  I know it can be difficult to find a job but if you are willing to work and attend school at the same time then I'm guessing you're a responsible young person and someone will recognize that and give you the opportunity to prove yourself.  I would, but it would be a bit of a commute from Chicago - I think it's a 12 hour drive!

Hang in there - something will come along.

Answer 12

Did they tell you specifically it was because of your age?  That's discrimination.  Here in MN we have an "at will" employment arrangement which states once hired they can fire you for "any reason or no reason".  Equally, you can quit for no reason.  So, it might be hard to prove... I'm sorry, that sux.

Answer 13

You should be able to work at a good amount of places at 17. Lots of places in Chicago have dropped the minimum age to 17 because the curfew law now says it's ok for a 17 year old to be out late. My job here in Chicago dropped it's hiring age from 18 to 17.

As long as you where up front and clear with them about your age then they have no right to fire you for that. You should consult a lawyer.