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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19200
Experience:  Employment/Labor Law Litigation
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I have worked as an assistant to a team of brokers/financial

Customer Question

I have worked as an assistant to a team of brokers/financial advisors appx 25 years, moving with them to three different firms during that time. In Dec 2015 the senior partner was killed in an automobile accident. Immediately after his death, I was assigned to cover five other FA's in the complex as well as continuing to support the remaining partner of our original team and our book of business. At the time I felt this was being done by my branch management in the hopes that they could force me to quit my job. However, I agreed to support all of these other FA's and built a good relationship with them as well as many of their clients. On May 18, 2016 I was summoned to a manager's office and informed that my job had been terminated. No reasons were given other than my position had been eliminated as of that day. I was escorted out of the building with severance information and a HR contact. During my time at Morgan Stanley, a chronic lumbar spinal stenosis issue that I have been dealing with for years got worse and I was having some mobility problems. I feel that my medical issue combined with my nearing retirement age, my higher than average salary and the death of my senior partner all convinced Morgan Stanley than it was time to take an opportunity to get rid of me. I was performing my job very well and supporting six FA's. No one else in the complex supports that many brokers. So how can my position just be "eliminated"? I am convinced that I was specifically and unfairly targeted by Morgan Stanley. Do I have a case for age or disability discrimination? Thank You, ***** *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

At this stage, no honest attorney can tell you that you HAVE a claim. There are simply not enough facts here and the employer's explanation is not on the table.

That being said, your facts indicate the frame work of an EEOC complaint, with an adverse employment action, a protected category that you are alleging is the basis for that adverse action and the employer's seemingly unexplained decision to release you. These establish the backbone of a claim, and the EEOC can take that and investigate it much further.

Following the EEOC process, then you may have a much better understanding of your legal position. This is why many attorneys prefer to wait until you've completed the EEOC process before they'll take your case.

I believe here that you have a legitimate basis to have an investigation done.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.