I have been a VP Regional Sales Manager in Banking for many years. Another bank purchased us, I retained my position and time, after 6 months, my supervisor has never spent anytime with me, visits, coaching,etc. until 3 weeks ago and stated that I don't fit the company, and would like to offer me a severance of 6 months pay to leave. There is nothing in my record, to warrant this, I just made the first quarter bonus, and review of which he stated I was coming along fine. I am female 59 years old, I do not know what to do.
State/Country relating to question: Georgia
I have spoken with HR, but to no avail.
Hello,In order to assist you I will need a bit more information. Can you tell me if anyone else is being let go by the new bank? If so were they all over 40 years of age? Are there workers in your similar position who are female and over 40 who are being retained? How long have you worked for the bank (old and new owner)?Thank you
I have been in the same position since March 2002. There are no other women on the team over40. There is one black female age 35, the rest are men white ages 34, 34, 38, years. The bank has not to my knowledge let anyone else go, during the purchase if they felt that you were not a fit,they offered a package to you prior to the conversion.
Hello again,Thank you for the information. I assume that you want to know what your rights are and what, if any, laws might be at issue here. Normally, since Georgia is an employment "At Will" state, an employer may terminate an employee for any, or no, reason and with no notice or warning unless the Termination would violate an Employment Contract, company policy, or employment discrimination law. In this case, I am guessing that there is no contract or written policy that would limit your employer's right to let you go. That leaves the discrimination issue. If there are other women who are not being let go, then you would not likely have a successful claim of gender discrimination. On the other hand, if you are the only employee over 40 years and age and also the only employee being let go, then there is a legitimate age discrimination issue here.That said, age discrimination cases are absolutely the most difficult cases to prevail on. That is because of how the law is written which basically results in a no finding of unlawful age discrimination if there is ANY legitimate business reason for the decision, even if it disproportionally effects workers over 40. So, that is something to keep in mind when deciding on whether or not to accept a severance package. These cases are also expensive and can be drawn out. But if the amount of money they are offering you is not significant and you don't absolutely need it to survive, then you can decline it and file an age discrimination complaint with the EEOC and hire an attorney to assist you in filing suit. If you take the severance though, you cannot file suit as you will have waived that right. One thing you need to keep in mind too though is that you do NOT want to sign anything that says you voluntarily resign. That is because you will not be eligible for Unemployment Benefits if you do. You want to make them let you go and refuse to sign a document that says otherwise.
You may reply back to me using the Continue the Conversation link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Please recognize that the rating system only gives me credit for working with you (pays me out of your deposit) when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.
I see that you have left me a negative rating--can you tell me what it is that you feel that I didn't address that you were looking for.I gave you an extremely comprehensive response with options, so I am shocked that you would think that there was something wrong with my answer. As I mentioned, I cannot control what the law says, so that is not something that should effect your rating. I will not be paid from your deposit for my work unless you select one of the 3 ratings to the right side of the faces or stars.Again, I am more than willing to provide you any follow up information that you may need.
Licensed Attorney with 27 yrs. exp in Employment Law
Unfortunately you did not tell me anything I didn't already read on the internet. I was also surprised that you never gave me any direction to contact the EEOC. Quite honestly, there was no direction from what you had written.
Thank you for your time.
First please note that I stated "ut if the amount of money they are offering you is not significant and you don't absolutely need it to survive, then you can decline it and file an age discrimination complaint with the EEOC and hire an attorney to assist you in filing suit." So, you are mistaken that I did not direct you to contact the EEOC if you wanted to pursue this. In addition, as I stated in my response, we answer questions without knowing what our customers know unless they tell us. I am not a mindreader,nor can I say something that is not true or irrelevant. THERE IS NOTHING ELSE TO TELL YOU. So, I am not sure what you wanted to hear, but as I also indicated, my job is to tell you what the law is, not to say something just because it is what you want to hear. How would that serve you?
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