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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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Sue Wille terminated work performance, I

Customer Question

Sue Wille terminated for unsatisfactory work performance, I will be 55 years old on 4/26
JA: Thanks. Can you give me any more details about your issue?
Customer: We have had 3 plant mangers since I have been with Derby Fabricating Solutions for the pas 3 years. I worked in Customer Service and last April I received a $2.00 raise from the General Manager whom is under the President & CEO of the company. He was a fill in for the Sidney location (6 months) until they could find another plant manager. That being said they all had different ways of how the staff should do things. I have received 3 written warning since January. 1st one was because our top customer and the reason the plant is in Sidney dropped in an order for what we call the t12's and I didn't notify our purchaser. I was also asked to create a work order every time I shipped the t12's and the customer had not taken them in at least 2 weeks and I forgot to do so one week due to being trained as an assistant for Purchasing. The customer does this every year... keep in mind everyone is afraid of losing their jobs as the turn over rate is adnominal and are trying to cover themselves. The second written warning was because I had not completed work orders... calculating the time and materials it took to do the jobs. Mind you these were back from January and I wasn't even doing them at that time. I didn't receive these until 2/27. I refused to sign this written warning. I asked why I was being written up and not the person responsible for entering the work orders back then and I was told that was back then we are talking about now. My final written warning came with my termination on 3/28 for not notifying purchasing of our biggest customer again dropping in an order. Also I had a shipping error on my part and (which I admitted to). I have not had any more errors than anyone else. I feel the new plant manager is trying to replace the seasoned employees with his own people.
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Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. You have stated two potentially competing ideas here for why you were being replaced. First, is that you've suggested your age as the motivation (seasoned...and you mentioned your age specifically). That would be an illegal basis for termination, so you can file an EEOC complaint against the employer so that the federal agency can investigate and determine if there are other facts to support your claim. Your argument is adverse employment action (termination), with the write ups being a pretext for discrimination. However, you have also stated that his motivation could be to replace you with his own people. Believe it or not, that's actually NOT an illegal basis for termination in employment law. Cronyism isn't actually illegal, so this is not a good argument in your favor and actually weakens your employment law claim of age discrimination. You should file the EEOC complaint but NOT make the allegation that he is just doing this to get his own people in place. Focus just on your age and the unfairness/unreasonableness of the write ups. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 6 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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