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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11290
Experience:  Significant experience in all areas of employment law.
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I have a new director at my job. In the past my performance

Customer Question

I have a new director at my job. In the past my performance reviews have been good. Now she is complaining about my work being late but my task are geater. I have recently had disciplinary action taken against me which I feel is unfair. How can I protect myself legally after 18 years on this job
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and welcome. Do you believe your employer has some ulterior motive for targeting you like this? If so what? Are you in a union? I look forward to helping you.

Customer: replied 11 months ago.
I believe she is targeting older employees that a few more years for retirement and that our speaking out about the workload. Our salaries are higher and we are not afraid to tell them about impossible demands placed on the employee. There philosophy of doing business is to never turn away business even if there is no one to deliver the service.
Expert:  Patrick, Esq. replied 11 months ago.

Thank you very much.

If your employer is targeting you because of how old you are, then you would have a claim for age discrimination. However, there is a difference between targeting you because of your age and targeting you because you are speaking out against management. That latter is perfectly legal unless your complaints are "legally protected" (i.e. you are complaining about sexual harassment, safety violations, illegal conduct on the part of your employer such as tax fraud).

So, it is your employer's motivation that matters. You need to prove that your employer's motivation is age. That is not established simply by the fact that you are older, as if that were all it took than any adverse employment action against an older employee would automatically be illegal. The law does not function in that way.

Proving your employer's motivation is your age can be a difficult thing to do. Most employers are savvy enough to know that age discrimination is illegal and so they are not going to come out and tell you that is the reason for what they're doing. The case is usually made circumstantially through things like derogatory comments about your age, repeated requests for you to retire, a pattern of less fair treatment toward older employees, a general corporate culture of favoring youth, etc. Ultimately, the issue comes down to whether you can convince a jury it is more likely than not that you are being treated unfairly because of how old you are. That is your ultimate burden.

At this point, it may be prudent to file an age discrimination complaint with the EEOC. This will start an investigation process that may lead to additional evidence of discrimination. An EEOC complaint is also a form of legally protected activity, meaning your employer will be extremely hesitant to terminate you or take other adverse action out of fear you will allege it is illegal retaliation for your EEOC complaint. You can file an EEOC complaint here.

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.