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I was by the Director of Operations to inform me that she needed…

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I was by the Director...
I was by the Director of Operations to inform me that she needed me to report to her office. I asked the question for what reason and also stated why "I'm getting fired, if so just let me know so I can pack my things and leave". She stated it was not that serious and she was able to tell me by phone. I decided to call her back and asked her again what is the reason that I needed to go to her ofice, especially when they see someone walking into her office, it's layoff or firing time. She informed me since I have been with the compamy for a long time, she will tell me the reason, and it was exaclty what I suspected.

Pleae advice me on how I should handle this issue since I have been with the company for over 39 years and I work for this Superivsor who is constantly baggering me like she does with the rest of the staff. She even had the nerve to ask me are you planning in retiring, and I felt very offended.
Submitted: 8 years ago.Category: Employment Law
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Answered in 11 minutes by:
6/19/2010
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,984
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

As you probably already know New York is an employment at will state. That means that your employer can terminate you for any, or no, reason and with not notice as long as the termination does not violate an employment contract, company policy or discrimination law. So, unless one of the exceptions applies in your case, you could be terminated in this manner. However, if for example, your company has a policy that requires warnings or stepped discipline prior to termination or only termination for "cause," then if they violated that policy, they would be liable for wrongful termination.

You raise an interesting issue that might be of some use to you in a potential age discrimination complaint in violation of the ADEA and New York civil rights law. On the one hand you state that your supervisor was constantly badgering you like she does everyone else. That fact would not be helpful to you unless she was only badgering workers who were in the same protected class under discrimination laws as you. On the other hand, you say that she asked you if you were planning on retiring. Depending on the circumstances of when she asked that question, whether she asked it more than once, ever made any other statement related to age, and what your company's motivations were for terminating you, there may be a legitimate age discrimination claim to be made. It really depends on all the facts and circumstances and if you believe that this might be the case then you will want to consult with a local employment law attorney who is experienced with discrimination cases and with whom you can discuss all the particulars about your employment history, your employer's actions and policies, and your termination. That way they will be in the best position to give you an objective opinion about your legal options and if you have some whether pursuing a complaint with the EEOC or the New York Division of Human Rights would be your best first step.
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Customer reply replied 8 years ago

I am not satisfied with the answer I received because I just learned that a whole department was let go on Friday, do you think that is fair?

 

Please advice.

Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
I am not sure what my answer has to do with your employer terminating the entire department, but I am going to OPT OUT of the question and let you work with a different Expert who might be able to satisfy you. No need to respond. When another Expert decides they would like to assist you, they will let you know.
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Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
Verified
The information the previous attorney gave you was correct.
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