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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31732
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I work for a managed care company doing case reviews for ongoing

Resolved Question:

I work for a managed care company doing case reviews for ongoing treatment. Over the past month my manager has been telling me that "people" have a problem with my work. Last Friday afternoon I was informed that I was the subject of a meeting in which my performance was discussed and deemed to need improvement. No one has ever told me what I need to do differently or what the poor preformance issues are.
My manager told me last week that she has been told to make a list of employees for lay offs. I am 61. I feel my job is in danger, what can I do.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.

I am sorry to hear of your difficult situation and am working on your answer now.

Do you have any reason to believe you are being targeted for layoff due to your age?

Does the company have a written policy with regard to selection of employees for layoff?

How long have you worked for the company?

Customer: replied 3 years ago.

In my department I am the only male and I am the only person over 60. I think I am being targeted for several reasons. I am the only one in the San Diego Office (the others are in the LA office.) I think my age, my sex and the fact that I am alone are reasons for being targeted.

 

The company has not written policy for layoffs other than what the severance package is for anyone laid off. The VP of our division was in San Diego last week and met with all employees. He made it clear that senority did not factor into layoffs.

 

I have worked for the company for two years. I should point out that my department was formed in Jan 2010, I was hired before this to do a sepcial study.

 

On my evaluation for 2010 I recieved an overall rating of 4 on a 5 point scale. 3 is considered the standard rating everyone should be at. I have also received 2 employee awards for outstanding performance (the latest in April 2011)

Expert:  Tina replied 3 years ago.
I see.

If you have evidence that employees who are similarly situated but significantly younger are being treated more favorably, then that would normally give rise to an inference of age discrimination. Similarly, if employees of the opposite gender are being treated more favorably, that would typically give rise to an inference of gender discrimination, although this would involve reverse gender discrimination in your case.

Working alone is not a protected classification typically so the employer is permitted to choose employees for layoff on that basis.

Since the employer does not have a layoff policy in writing, they are typically free to choose employees for layoff on any basis they choose that does not involve discrimination in violation of federal and state law.

If you wish to preserve your job, it is best to retain a local employment law attorney to represent you and communicate the potential for a discrimination case if the employer chooses to lay you off on a discriminatory basis.

Good luck and take care.

Tina

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Tina, Attorney
Satisfied Customers: 31732
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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