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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I have always been a top performer in my company last 17

Customer Question

I have always been a top performer in my company for the last 17 years. Unfortunately the industry has taken a turn and the company filed bankruptcy, but was able to emerge from it within the last year. We have a new leadership team who has hired new management. I've seen a lot of restructuring and changes in the last few years. I started a new role just two years ago in business development. The job was high pressure but very unstructured. When a new SVP came in my direct boss quit 7 months under her. My team of 12 was left basically unmanaged for 5 months without guidelines, performance reviews or any sense of direction. She then hired a new manager in November whom I've met twice. She came in saying she was here to bring structure and a sense of direction to my group. In late January she gave quotas and a new job description with just 2 months left in the fiscal year. There was a very loose sense of our deals being stored in a database for the past 2 years as our previous manager treated it like more of a start-up. Now the roles have evolved with all new sense of urgencies as company is in a deficit again and they are scrambling to keep doors open. The new boss targets a few on my team, including me, stating performance issues and enacts a PIP without any former knowledge or concrete evidence of the deals or revenue generated. I'm not in agreement with it and boss threatens my position. My HR team does not want to offer a package. My question is do I resign or let them terminate me without just cause? What are my rights? I've invested a lot here and need to uphold my reputation for future employment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Do you think that you're being targeted based upon your race, age, religion, gender, or disability? Are you part of a union or do you have an employment contract with the company?

Customer: replied 1 year ago.
Employment is at will and I'm a 46 year old woman who is being targeted.
Expert:  ScottyMacEsq replied 1 year ago.

Do you have any evidence that it's because of your age or gender? That is, are there other individuals (male and/or younger) that are performing at or below your level that are not being targeted in this manner?

Expert:  ScottyMacEsq replied 1 year ago.

Did you see my follow up question to your issue?

Customer: replied 1 year ago.
This isn't helpful as I'm disputing a performance issue. It's not feasible for anyone to gauge how I'm doing versus the team.
Expert:  ScottyMacEsq replied 1 year ago.

The reason that I'm asking is that you could have certain rights if you're being targeted based upon your gender and/or age. But to establish that, you need to have some sort of evidence that shows that this is the reason that they're targeting you. One such way is to show that there's someone that has the same performance metrics as you (or worse) but is not being targeted, and the only real difference is a different age, gender, etc... But it's possible that you could have some other evidence, such as a "smoking gun" email that indicates that this is why they're doing this, or something else. My main question is whether you can establish that they're doing this because of your age and/or gender (or some other reason)?

Expert:  ScottyMacEsq replied 1 year ago.

And I understand that you might feel that this "isn't helpful", as I haven't answered your question yet. The strength of any case that you might have and any standing to dispute performance issues they might have depends upon your specific situation, which is why I'm trying to get more information from you. I'm only asking these questions because they're relevant to the answer, and they could change the answer that I might give. I want to give you the most specific answer possible, rather than the most generic, generally applicable answer (which really wouldn't be helpful).

Expert:  ScottyMacEsq replied 1 year ago.

So did you see my questions? Again, I'm trying to tailor an answer to your specific situation, any claims that you might be able to use as leverage, etc... Do you wish to continue with this so that I can answer your question?

Customer: replied 1 year ago.
No as I don't have documented specific examples. I will try talking to HR to negotiate a package.
Expert:  ScottyMacEsq replied 1 year ago.

Okay. I wish you the best of luck in this matter.

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.
I am a DIFFERENT CONTRIBUTOR and am willing to continue working with you.
Are you an at will employee, meaning one without a written contract or union contract? If so this is an issue for you here absent proof of discrimination against you solely because of your age/race/sex/disability/national origin, which is why we are asking about that.
What specific information would you like from us?

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