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i am having a real bad problem where i work. for the last three

years i have been suspended...
i am having a real bad problem where i work. for the last three years i have been suspended three times for not doing my job. i work at kroger and i have been with them for 26 years. i have a woman manager from hell who has excused me of not doing my job. i am never late to work, rarely call in sick but a week ago i got called into the managers office and told that if my productivity did not go up higher i would be let go. i knew even before i called the union that they could not fire me for that and the union said so when i finally got hold of them. i am a cashier and they are timing us for scanning faster. you name it i have been accused of everything that i am not fast enough. i am under so much stress araid that i am going to lose my pension everthing i have worked so hard for. my chrostral shot so high my doctor had to put me on mecidine because stress can cause strokes and heart attacks. i decided after the last suspension i was going to retire at 62 for my own sanity but i do not think i am going to make it to retirement because management is determined to get rid of me. i will be be 60 in 2014 and in 2015 i am checking into my retirement. 2015 will be my last year working. jan2016 i turn 62 and i can retire if make till then. i heard from a very good source that corporate is making management write up the employees that has over 20 years on anything to get rid of them. i cannot really trust my union because they screwed me good the last meeting. do you have any advice for me. thank you
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Answered in 11 minutes by:
9/13/2013
Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 1,731
Experience: Attorney-at-Law
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Thelawman2 :

From the sound of what you are describing, you might be able to claim that the company is discriminating against you based on your age, especially if corporate is making management write up employees that have over 20 years. Specifically, The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.

Thelawman2 :

It is unlawful to harass a person because of his or her age.


Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).


The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Thelawman2 :

An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age(RFOA).

Thelawman2 :

If you want to file a charge against your employer, then you should contact an attorney or file your own claim with the EEOC at the following web address: https://egov.eeoc.gov/eas/

Customer:

that is how i am feeling like i am being harass but i do not know what to call it. it is not the company that i have a problem with it is always with management. management goes and tells the company a lie and they believe them. the company does not think that management could be lying.

Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 1,731
Experience: Attorney-at-Law
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