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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a 59 year female who worked as a purchasing team lead

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I am a 59 year female who worked as a purchasing team lead for the same employee owned company for 12 years. Two years ago we sold to the company to a large corporation, Raytheon. We continue to work in the same building doing essentially the same work except that now there are more corporate requirements. In December the Biz Ops Manager decided she wanted to re-organize her deparments to look the same as the supply chain organizations at Raytheon. To that end she offered me a position to be the Supply Chain Manger over materials and purchasing. This would have put me in a position over the materials lead a male around 45 years old. I expressed that I might be interested in the position but wanted her to discuss with the male counterpart to get his take on it since I felt he could do the job as well as I could.He reacted badly and strongly so she decided instead to switch the order and put him in the leadership position. Since the day he took over the role, which was about two months ago in May he has been in very clear and obvious ways, discrediting me, verbally attacking, constanty prodding and pushing for a reaction from me. He suggested that I go to HR and request a downgrade to a buyer as he felt I should move into a less stressful role, and just 'play it out' until retirement. I told him I wasn't too old for the job and not ready to retire. He told me to think about it and then yesterday he blindsided me with a written disciplinary action consisting of vague accusations that I am disrespectful and have expressed dissatisfaction with his leadership to staff. What this does is set me up to be terminated with no severance pay and presumably no unemployment benefits I guess. I don't know the law relating to unemployment benefits or age discrimination. I would like to understand more about these things. Sorry this is so long...

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

Customer:

Indeed

wallstreetfighter :

if you are terminated you should be able to obtain unemployment benefits,

wallstreetfighter :

in NM, you can only be denied unemployment

wallstreetfighter :

if you were denied due to violating a company policy, or misconduct,

wallstreetfighter :

not poor performance,

Customer:

That is good to know. I have no experience with unemployment as I have worked continuously my entire adult life and have always been considered an excellent employee

wallstreetfighter :

or what they are stating about you.

wallstreetfighter :

In terms of an age discrimination case, if you are 40 years or older,

wallstreetfighter :

you can file an EEOC civil rights complaint, and they will investigate the matter,

wallstreetfighter :

many times, if you file the EEOC complaint before the termination,

wallstreetfighter :

the employer may hesitate and try to work out a settlement with you,

wallstreetfighter :

and even offer you some severance,

Customer:

That would be preferable as I must say I cannot imaging working with this individual happily

wallstreetfighter :

Equal Employment Opportunity Commission (EEOC)
Albuquerque District Office
505 Marquette Street, N.W.
Suite 900
Albuquerque, NM 87102
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

you can file the complaint with the EEOC above,

wallstreetfighter :

and send a letter to HR stating that you have filed the complaint,

Customer:

That is a wonderful suggestion and very good information. I would be entitled to 14 weeks severance if I was laid off

Customer:

Thank you very much for the contact information as well.

wallstreetfighter :

In your letter to the HR, be detailed about the defamatory statements made about you, and mention that you feel your age is the reason you are treated this way, and that you were given no other option but to file an EEOC complaint

wallstreetfighter :

by doing this the HR may try to work out a settlement with you.

wallstreetfighter :

Good luck,

Customer:

Yes, will do.

Customer:

Thank you

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