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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 37081
Experience:  16 years practicing attorney
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Ina fit of frustration after an email exchange with my CEO

Customer Question

Ina fit of frustration after an email exchange with my CEO where he made hurtful accusations about my behavior on an issue Where I went to him, I resigned. For 3 years I have found myself in a continuing fight for relevance despite having a successful track record of results. I have been put into no win situations despite documentation to the contrary. My so called boss had completely removed me from all departmental meetings and functions. I took a cut in compensation for the company a few years ago. The only reason I believe they kept me around is that I was able to successfully negotiate our largest client. Recently we were informed that this client was going to move away from us middle of 2017. I'm 60 years old and was tired of being treated like crap. My question, do I have any legal recourse being I quit?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Can you tell me what state this is in?.Were you under any type of written employment contract?.,If so, was there any type of severance agreement that was mandatory if you should separate from the company?.Do you think that your treatment was based on some type of discriminatory factor? (age, gender, ethnicity, disability, etc.)..thanksBarrister
Customer: replied 1 year ago.
Customer: replied 1 year ago.
I do have an addendum for the compensation I gave up that was never amended
Customer: replied 1 year ago.
Despite qualifications, results that included opening our Chicago office to securing and managing our largest and 3rd largest client, I have not been promoted or given any increases is base wages in over 6 years.
Expert:  Barrister replied 1 year ago.
Ok, if you were under a written employment contract, then they are bound by it and you could sue for breach of contract if they don't. But if there was no specified severance, then as long as they have paid your compensation up to the date of your resignation, then they are in compliance with it..As for your treatment, if you can provide evidence that you were treated different based on a discriminatory reason, you could file a formal EEOC complaint at no cost to you within 180 days of the negative action by the employer. The fact that you resigned wouldn't affect these rights. .The EEOC will investigate the complaint and if they determine a violation has occurred, they will issue a "right to sue" letter that basically says that they have found probable cause to believe that you have been discriminated against. Then you can contact an employment law attorney about filing suit against the company if they do not address it and remedy the problem...thanksBarrister
Customer: replied 1 year ago.
It is an understatement that I have been treated differently. That said, other than asking me how years I plan on working or my age by key executives, they have never made a negative comment. Other than A few years ago when I made a formal request to the CEO to become the VP for the enterprise department he stated that he would rather go with the up and coming less experienced then the veteran. bot***** *****ne, is there some guidance or resource you could direct me where I can determine if I should even get EEOC involved.
Expert:  Barrister replied 1 year ago.
This is kind of a tough call because if there is no overt action that you can point to, then it would have to be determined to be a "course of conduct" that the employer has engaged in that is discriminatory based on your age. All the little comments and slights could potentially add up to the EEOC finding that this is a case of illegal discrimination..So if you can come up with some specific examples like you mention above, then it can't hurt to file the EEOC complaint as there is no cost to you and nothing to lose. Merely by filing the complaint that can sometimes put pressure on them to work out a settlement with you in return for dropping the complaint..have to step out of office for a bit, but will be back in about an hour...thanksBarrister