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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17222
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am wondering if I would have any recourse as I was hired

Customer Question

I am wondering if I would have any recourse as I was hired for one position and it was going great then without my knowledge, the position was changed to another position completely different. The qualifications are different and the duties are different and not ones which are my strengths. I am now on a performance plan for 90 days and based on how it is written, the work that needs to be done in order to be successful is so vague, I believe that no matter what I do it will not suffice. They have offered to just pay me out for the 90 days but I also hesitate to do such.
Submitted: 6 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 6 months ago.

hello

Expert:  wallstreetfighter replied 6 months ago.

This is an unfortunate situation, legally you are bound to what the employer wants to do, unless you are part of a Union or can claim discrimination based upon your age, race, religion or another protected civil right,

Expert:  wallstreetfighter replied 6 months ago.

In terms of what you should or can do, it may be best to accept the 90 days payment, as you would have no other legal recourse to fight the termination,

Expert:  wallstreetfighter replied 6 months ago.

Good luck, and if satisfied with our service please provide us with positive feedback, so we can receive credit.

If you have any further questions please do not hesitate to ask.

Customer: replied 6 months ago.
Thank you and if I am the only one over age 50 with everyone else under 35, would that matter?
Expert:  wallstreetfighter replied 6 months ago.

yes, if you feel your age is the reason they are doing this to you, if this is the case, you can file a civil rights complaint, and you may want to advise HR, you will be doing this, many times they will try to work out a settlement with you.

Expert:  wallstreetfighter replied 6 months ago.

Wisconsin Equal Rights Division (WERD)

Madison Office
1 South Pinckney Street, Room 320
P.O. Box 8928
Madison, WI###-##-####br />Phone:(###) ###-####br />TDD:(###) ###-####br />Fax:(###) ###-####strong>Milwaukee Office
819 North Sixth St., Room 255
Milwaukee, WI 53203
Phone:(###) ###-####br />TDD:(###) ###-####br />Fax:(###) ###-####/p>

Web Address: http://www.dwd.state.wi.us/er/

Agency Description/Mission: WERD's mission is to protect the rights of all people in Wisconsin under the civil rights and labor standards laws we administer; to achieve compliance through education, outreach, and enforcement by empowered and committed employees; and to perform our responsibilities with reasonableness, efficiency, and fairness.

Discrimination/Harassment - Local Offices of Federal Agency (EEOC)

Equal Employment Opportunity Commission (EEOC)
Milwaukee District Office

310 West Wisconsin Avenue
Suite 800
Milwaukee, WI###-##-####br />Phone:(###) ###-####br />TTY:(###) ###-####/p>

Expert:  wallstreetfighter replied 6 months ago.

First you advise HR, and then file an EEOC complaint against the employer for age discrimination, this

is your only leverage in this type of situation.

Good luck, and if satisfied with our service please provide us with positive feedback, thank you