Most employees are aware of their company’s cell phone policy. However, what if you found out you could be fired for answering a work call while working?

Unfortunately, you might be able to. A 74-year-old employee on the East Coast was recently fired from his job as a part-time bus driver. The reason for his termination: he answered a call from his company during his shift.

The employee is now suing the company for wrongful termination and age discrimination. According to a recent article, the company is denying the allegations and is claiming the employee decided to resign on his own.

According to the lawsuit, the company’s cell phone policy prohibits employees from answering a call during their driving shifts. Employees who violate the policy agree to termination. However, it is unclear whether employees can answer calls from the company. This is an issue that many employees might not realize.

The employee alleges that earlier this year he received a call from his company while out driving, in which he was asked to work the night shift. According to the lawsuit, the manager at the company apparently witnessed him picking up the phone on his shift.

The employee believes he was set up to be terminated, and his age was a likely factor. Like many employees, he has no memory of signing a cell phone policy agreement. Additionally, he believes the manager was looking for a reason to fire him.

Wrongful termination can be devastating and sometimes difficult to prove. If you are facing a similar situation of age discrimination or wrongful termination, consider speaking with an experienced employment law attorney to discuss your options.