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MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6135
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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I hired a person in VA with a start date of Feb 1. while

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I hired a person in Alexander VA with a start date of Feb 1. while there was a NDA signed there was no formal offer letter, just a verbal offer. on March 29th I terminated him telling him that because our market had changed that we did not need a Business Development Manager in the for the vertical he was working.
here is a portion of his response this morning:
The very nightmare I live under is having you sever our relationship:
- I cannot suffer being cut off financially & don’t want to go legal on you(you would be turning a 70 year old out on the street)
- Can we continue our relationship with agreed targets but with me as a consultant
- April would stay as it was in March and May would begin a new and reduced agreement
I have not responded to this message yet. Can you tell me if there is anything to the underlying threat of (you would be turning a 70 year old out on the street)

Hello and thank you for using the JA website. I look forward to assisting you.

In order for the individual to have valid age discrimination claim, he would have to prove that he was terminated due to his age and not some other factor. In other words, he would need to show that age was the motivating factor (for example, if he was replaced by someone under 40).

Customer: replied 4 years ago.

there have been over the past couple of months much conversation about how he was not doing the job the way we had outlined it , calling attention to the fact that when given a specific task that he agreed to 'do today' that 3 weeks later it was not done. There were more than one of these.

No one in our company has ever referred to his age. I did tell him in the conversation on Friday (3/29) and the conversation Tuesday morning that I felt he was better suited to what he has been doing for the past 12 years - consulting to companies and agencies in the federal government. But I never referred to age.

and...I will pick up the work we were asking him to do and i am 63, I probably fit into that "old" category as well.

If you have documentation about the insufficiencies of his work, then that would definitely work in your favor should any investigation take place.

Please let me know if you need any further clarification. If you do, just let me know. If you do not need anything further, thank you in advance for your positive rating, as that is the only way that we receive credit for having assisted you.

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