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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18810
Experience:  Employment/Labor Law Litigation
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I am a 53 year old single mother. I began working Food Group

Customer Question

I am a 53 year old white single mother. I began working for Performance Food Group and the letter of agreement stated Desoto County. My District Manager took position in October, 2015. He hired two younger employees for Desoto County and pushed my territory out to the boonies that caused me to lose customers, commissions and has caused a hostile work environment. I've been ostracized.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Have you voiced to HR that you believe the basis for this decision was your age and do you have evidence, other than the fact that you were replaced with younger people, which suggests your age was the factor here?

That's really the issue. In employment law, unless you signed a contract that expressly stated that your terms of employment could not be altered without your consent, they can be altered at any time. This is called "at will" employment. So, the only way for this to be illegal is if the only reason you were moved was because this person was discriminating against you simply because you were older.

If the manager can give any other reason (numbers issues, change in product, personal issues between you and him, the younger people were also people that he'd worked with before, etc.) that is legitimate and non-discriminatory to age, the decision would be legal.

If you want this to be investigated because you believe age is the motivation, you need to file an EEOC complaint and have them investigate the matter for you. It is free and it is a protected complaint, meaning you can't be retaliated against for filing it.

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