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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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I was released several days ago during a corporate restructuring

Customer Question

I was released several days ago during a corporate restructuring with HR block -- I am female and over the age of 50 -- A district Manager in training was hired in February and He was promoted into a Adam role while I was released -- He is young and male -- I was not offered an opportunity to interview for open positions -- I did have a verbal warning on one element of performance in mid February, but did not sign any formal documentation and was assured by my boss that he was happy with the resolution -- Numerically I outperformed over half of the managers in my region in performance elements -- I feel like I was treated unfairly --
Submitted: 7 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 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. I certainly understand feeling like you were treated unfairly. However, the question you have to really answer for yourself is whether or not you are prepared to state that the only reason you were not allowed to stay on was discrimination based on your age and/or gender. The law doesn't require that we be treated fairly, so that's not enough. The employer doesn't have to allow you to interview for open positions. There is no requirement for a written and formalized document to be signed in order for a performance discussion to be held against you in an employment decision. I don't say that to discourage you. I just am saying what I say to any of my regular, in person clients, when it comes to a discrimination claim. You bear the burden of proving discrimination. Your facts certainly have some positive elements for you. You are in two protected classes. You can certainly argue that you were replaced by a young male, if he took the role you had or could have had. Your numerical performance is good, so you can certainly argue against any complaints of regular performance issues. That being said, you did have a performance complaint and a verbal warning is sufficient to raise as a "legitimate and non-discriminatory basis" for their decision. You'd then have the burden of proving that that reason given is really a pretext for discrimination. If you want to attempt this, you have to get comfortable with stating that you feel you were specifically discriminated against based on gender and/or age, and you'll need to make that state first to the EEOC in your state. That is a federal agency that is tasked with investigating and preserving these sorts of claims. You must go through them or you lose the right to sue. You don't need an attorney to file this complaint. The EEOC is not a court, but rather, an investigatory agency. 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 7 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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