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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I was a Coordinator program and was changed to a housing

Customer Question

I was a Coordinator for a program and was changed to a housing counselor, a position that requires that I get certain certification, I am 67 years old and I have always had a management positions in in previous employment positions. I do not feel that I can get the certification required because my mind just does not function in a clerical mode. Neither my pay or benefit were affected, but I am told, by gossip that that was done so if I quit, I will not be eligible for unemployment benefits. I cannot quit because I was diagnosed with breast cancer and I need the medical insurance. The lady that was hired to do my coordinator position is a young 37 years old whom I was told I had to provide her with all the support she needed to do my job. She is now my supervisor. Somehow this does not feel right and all the staff is discussing it behind my back. I loved my job but it is getting very stressful learning the new job
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The general rule is that employment in the state of Texas is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (age, race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination/modification is fair, reasonable or even true.

Therefore, in order to have any legal claim against your employer, you would need to prove that they did this to you because of how old you are. The fact you were replaced with someone younger is suggestive of that, but since the burden of proof ultimately will fall on your shoulders as a plaintiff, you will need something more. Have derogatory comments been made about your age? Is the replacement employee drastically under-qualified? Did they ever indicate an intent to replace you with someone "younger" or "fresher"?

If you believe you can make a case that this is happening because of your age, or perhaps because of your disability (also a legally protected trait), then your first step is to file a complaint with the TWC Civil Rights Division. See here for more information.

The Civil Rights Division will investigate the matter and if they find cause to believe there is illegal discrimination, will attempt to mediate a resolution with your employer. Perhaps your employer will revert you back to your position or modify your new position through this process. But if they don't, the Civil Rights Division will issue you a "right to sue" letter, and at that point you could file a lawsuit in civil court.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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