I am 56 year old female and have been with my employer for nearly 13 years as a manager of services in a not for profit organization. I've alway received positive evaluations - our case load (a metric of our program growth and success) has increased over 400% during my tenure. In August 2011 I received a substantial raise beyond what any other of my fellow employees received. On February 1st 2012 I was given a formal warning and placed on 90 day probation based on my performance. No specific shortfalls in performance were cited - only that I demonstrated insufficient leadership and attitude. I was required that I attend EAP counseling and see an independent counselor. A second 90 probation was recently issued followed within days by the mandate that I either accept a demotion to a pay level of less than half my current salary, take a month off and return for continued probation, or be terminated. Although I have been being treated for depression during the last two years I have taken no more than 2 sick days in the last several years. (It has been suggested that I use sick leave for the duration of my mandated month off - I also have sufficient vacation time - is it in my best interest to use vacation time?)At no time has my depression impacted my timelines on deadlines or any of my formal job responsibilities. My employer has said that I lack leadership and enthusiasm. I suspect (but it is not yet the case) that I will be replaced by a 26 year old currently under my management, Is there a case for either age discrimination or discrimination based on ADA standards indicated by these circumstances?
Hello and thank you for the question. I am sorry to read of this dilemma.do you have evidence or support that age or disability are the reasons for their conduct?
Not specifically - the choice of my replacement might indicate so. I was told that cost of my health insurance was too much - but that is only in conversation, not in writing.
That evidence can be built based on comments, hiring patterns, e-mails and depositions. Normally pursued by internal discussions with management by legal counsel. Beyond it, can also pursue an eeoc claim and let them investigate. see www.eeoc.gov That process can lead to settlement or a right to sue letter being issued.
Will it work against me to use sick leave vs. accrued vacation time during the period of my mandated month off?
If there is time off, the employer may apply those accrued days, but to the extent those are paid days off they need to be paid. Now if company policy is that employee elects when they take the time and how benefit applied, employer has to honor it and cannot refuse to apply the policy.
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