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I am 66 years old I was hired as a day time project

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coordinator for a company in...
I am 66 years old I was hired as a day time project coordinator for a company in April of 2017 after 2 months the Local director resigned and the Regional VP that hired me was transferred. The National Director that took over was an extreme bully, he used intimidation and was verbally abusive creating a toxic work environment he tried to get me to resign, but I hung in until without any warning he hanged my working hours to 3 AM to Noon knowing that at my age this would be a hardship. When he took over he affirmed that my hours would not change in a conversation we had and then in several group meetings. The change of my hours was deliberate to get me to resign which I did and I have filed a complaint for harassment and age discrimination with HR upon my exit interview. The young man that was hired to replace me has a new title Assistant to the Local director. I have since learned that this National Director has had multiple complaints of Harassment filed against him as well as law suits and has fire or had 6 resignations of the management staff in over a year and a halve as a direct result of his unethical behavior. My question is, do I have a case for legal action?
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: This is in IL, I was with the company for just over 90 days, but this Director has been with the company for under 3 years.
JA: Has anything been filed or reported?
Customer: Yes, as I stated he has had harassment complaints filed against him and from what I have been told law suits as well. The first time I met him he was proud to tell us a story that he has had to change hotels every night because of threats in the past as a result of his dealings with employees.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have an example of his verbal abuse when he called my home at 10 PM screaming at me in such a loud manner that my wife could hear him sitting 6 feet away from me simply for sending an information email to him at 9:38 PM. He also demanded that take care of an issue for him by calling me on my vacation day then sending me condescending emails questioning how I took care of the issue. He did not want me working for him simply because he did not hire me, I was hired by his predecessor whom he despises and trashes in meetings and with customers.
Submitted: 3 months ago.Category: Employment Law
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Answered in 11 minutes by:
8/3/2017
Employment Lawyer: Marsha411JD, Lawyer replied 3 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,427
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your question. Although there is no way to hazard a guess what the EEOC or a court would decide in your case, you certainly have the right to file an age discrimination complaint with the State or the EEOC and should speak to a local employment law attorney about your next step. However, in order to have a successful age discrimination case, under Federal law, any "severe and pervasive" harassment or adverse action by the employer must be solely based on the fact that you are over 40 years of age. That is a different standard than other forms of discrimination which only require that the factor be just one reason for termination. Under State law, it is a bit more relaxed, so suit in State court might work more to your advantage, but that is something you will want to speak to a local attorney about who practices in your local courts.

Some evidence that the EEOC, the State and the courts, will consider is the age of the person who was harassing you, any history with them acting adversely and harassing only workers over 40, what evidence they present, and the age of the person who replaced you and what shift, etc they were made to work. I can tell you though that the fact that the employer wanted to schedule you at night/early morning and that you were an older worker will not work in your favor under the law. In other words, an older worker gets no special treatment as to hours worked, they just can't intentionally be treated worse than any other worker. If you were an "at will" employee, your employer is always free to set and change the terms and conditions of employment, again, only if not done specifically in an adverse way and only because of your age.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to discuss the law of the issue with you, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 3 months ago
Thank you. So if he changed my working hours without notice knowing that I was unable to work those based on our previous conversation isn't sufficient, what about the job I was hired to perform does not lend itself to these hours as the customers that I am required to meet with work only during the day. Does that not lend credence to his intent to have me resign? How could I possibly perform my job in scheduling work with the customer when I am working nights and they are at their jobs during the day?
Employment Lawyer: Marsha411JD, Lawyer replied 3 months ago

Thank you for your reply. I can't answer as to your specific situation since I don't have all of the facts, including those from the employer's perspective. However, the fact that your hours were changed after a previous conversation or not accordance to what you understood would not be, as mentioned initially, determinative for your claim since the employer always has the right, in an "at will" situation, to change the terms and conditions of employment without notice or agreement. That doesn't mean that it isn't relevant, it just means it is just one piece of the puzzle that will be considered. Trying to get to his motivations is the key.

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Employment Lawyer: Marsha411JD, Lawyer replied 3 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answer I provided to you on the 2nd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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