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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111487
Experience:  20+ Years of Employment Law Experience
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My employment was terminated as a result of substandard

Customer Question

My employment was terminated as a result of substandard performance. "Although we understand you have performed to the best of your ability the overall results have not been sufficient to meet our customers nor MSI standards." I was never written up for failing duties of my job. I did not receive any paper copies or anything to read. I was told someone complained about me not responding to her requests fast enough. A former co-worker and friend informed me that my job was divided into two positions to cover the Mid-West and Atlantic areas separately instead of being handled by one person as I did. Is there any legal recourse that can be taken because of the fact that currently two people are completing tasks that I was solely responsible for previously? Nothing was ever mentioned about my age being 67, however, I was the oldest employee at MSI.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under WI law, your employment was at will. At will employment means that the employment can be terminated for no reason or for any reason that is not based solely on your age/race/sex/disability/national origin and your only recourse is filing for unemployment. Just because you are over 40 and the oldest at the employer is not sufficient by itself to claim age discrimination, but if you have any other evidence that this move was solely based on your age and production was merely an excuse or cover for discrimination based on age, such as splitting all of your work between multiple persons, you have a potential to claim age discrimination.
You need to file a complaint with the EEOC and you need to have them investigate as they must issue a right to sue letter before you can go to court.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.

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