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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39027
Experience:  Retired (mostly)
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I am a 58 year old woman - top sales person working for ADP

Resolved Question:

I am a 58 year old woman - top sales person working for ADP - I am getting ready to have my job taken because I am a casuallty of someoneelse in my department that they want to get rid of - but can't because he is a HR nightmare - the solution I know is to just terminate both of our positions to get rid of him. I have hit and exceeded quota since my hiring - and have never been a problem- do I have any recourse
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Why can't the employer simply terminate the other employee?

What is the "nightmare?"
Customer: replied 5 years ago.

ALSO THE NIGHTMARE WITH THIS OTHER EMPLOYEE IS THAT HE LIES TO HIS CLIENTS - REFUSES TO ANSWER QUESTIONS ONCE THE DEALS ARE SOLD, HE HAS BEEN WRITTEND UP NUMEROUS TIMES BY ALL DEPARTMENTS REGARDING HIS BEHAVIOUR - BUT THIS WAS A SMALL COMPANY JUST PURCHASED BY ADP AND NO ONE IS WILLING TO STAND UP TO THE PROCESS

INVOLVED WITH GETTIN RD OF HIN - IT IS JUST EASIER TO DELETE BOTH OF OUR POSITIONS

Expert:  socrateaser replied 5 years ago.
Okay, thanks.

The only credible claim that you can make, based upon your alleged facts is an age discrimination claim. That is, whatever the purported reason for your termination may be, the fact that there is no evidence of your poor performance, the true reason for the termination is that you're age makes you a less desirable employee, because you earn more than someone younger who could be hired to replace you for less.

The fact that the other employee is being terminated as a means of pretending that the entire department is being eliminated, adds to the evidence of age discrimination, because the department was actually earning money (and, no rationale business would close a department that's profitable -- so, there must be another reason.

I can't promise you that you can actually prevail on an age discrimination claim. However, if you were to "mention" that you can't understand the rationale for eliminating a profitable department, and that it seems like a pretext for something else -- maybe the employer will rethink its strategy.

If not, then your only recourse is to file a complaint with the Department of Fair Employment and Housing (DFEH) -- or, hire a private employment rights lawyer and sue for age discrimination.

Hope this helps.

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