Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am forced to quit. my position won't be available for me…

Customer Question
I am forced to...

I am forced to quit. my position won't be available for me by end of October. I will get full year salary, I can step down and have temporary position until end of March. And that will be my last day. Had great performance for the past over 18th years with my company. My manager asked me on one of our casual conversation how old I am and on other occasion asked me if I finished collage. My performance started to going from excellent to just meet and now performance problem. I am over 53. What should be the best step for me in this situation?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are a lot of people from my company leaving. Most of them with company for around 10 years. Do not know if they leaving on their own or they were pushed to do it.

Submitted: 11 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
9/10/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,155
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

I'm sorry to hear about your situation. I want to make sure I understand what your primary concern is here. From what I understand, you said that you may be able to step down and get a temp position until March or you can quit and get a full year's salary. In your case, you're wondering which one would be best for you, is that correct?

Ask Your Own Employment Law Question
Customer reply replied 11 months ago
I was offered full yeary salary regardless which option I will pick. I was thinking if there is an option to save my job
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

I see. What's your biggest concern legally if you take the temp position?

Ask Your Own Employment Law Question
Customer reply replied 11 months ago
I did not expect to be forced to leave. I am over 53 and just worry on finding new job
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

i understand. I'm sorry to hear about your situation. I think though that you may need to go to the job expert area and not the legal expert area. I'm very sorry. Let me do this: I'll opt out of this question and let another expert take over for you. Please be sure not to rate as your question may disappear from the list and not be found. I'm very sorry again. Best of luck to you.

Ask Your Own Employment Law Question
Employment Lawyer: Maverick, Lawyer replied 11 months ago
Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6,632
Experience: 20 years professional experience
Verified

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Maverick, Lawyer replied 11 months ago

You can sue or threaten to sue under the ADEA (age discrimination statute). Under this law, the court can order the employer to place the employee in the position he would have held had the discrimination not occurred. So, a terminated employees could be re-hired, for example. These cases, however, are very difficult to win. Thus, you may have a hard time finding a lawyer to take your case on a contingency fee basis. So, it is recommended that you opt for the full year salary option and use that money to re-tool / retrain for a job where they may be a high demand.

Please Note:

(1) This information is for educational purposes only and it may not reflect current legal developments for your specific jurisdiction. It is not guaranteed to be correct or complete and you should not act or fail to act based on this information alone. This and all other Just Answer disclaimers also apply to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

(3) When we are done, please assign a feedback rating. Thank you for using Just Answer.

Ask Your Own Employment Law Question
Employment Lawyer: Maverick, Lawyer replied 11 months ago

Did this answer your question?

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6,632
6,632 Satisfied Customers
Experience: 20 years professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am a salaried employee living in Tucson, AZ. and have been
I am a salaried employee living in Tucson, AZ. and have been told that our company is going to close down four days before the end of the year and that I will not be paid for those furloughed days. Wh… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
How long do you have to work for a company before you receive
How long do you have to work for a company before you receive unemployment. I was self employed for three years and now work for a company that is threatening to fire a lot of people come Sept 15th. I… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
About six to ten years ago, the US Supreme Court ruled that
About six to ten years ago, the US Supreme Court ruled that a company could not dock a salaried employee's pay for taking off early, reasoning that the concept of being salaried meant that the company… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In November 2011, I informed my boss verbally that I would
In November 2011, I informed my boss verbally that I would be stepping down as the general manager, full time position on January 28, 2012 and would be a part time licensed optician. He asked me to st… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My wife was just let go from a job of 9 years. Was told that
My wife was just let go from a job of 9 years. Was told that it was because she was not meeting sales numbers. Was tracking at 92% of goal with an 18% growth over past year, so actually growing the bu… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I work for a University for one of their sports teams. I just
I work for a University for one of their sports teams. I just had to tell one of my assistant coaches that we would not be renewing her contract at the end of the month. I told her TODAY actually. She… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My executive will issue a premature Performance Improvement
My executive will issue a premature Performance Improvement Plan 10-31-2011, he disclosed my end of the year rating will be Not Met, and at the end of 60-days he will take an adverse action to downgra… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
I have a question as to why my son was told he could not collect
I have a question as to why my son was told he could not collect unemployment Insurance. My son was working for over 3 years as a nurse in Rochester, NY and has been trying to continue his education t… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Hello, I am a 53-year-old female professional. I have been
Hello, I am a 53-year-old female professional. I have been employed by my company for several years; this past March, I received a Solid Performer rating on my annual review. Then on April 22, my mana… read more
socrateaser
socrateaser
1,031 satisfied customers
I recently was laid off and the company in which i worked were
I recently was laid off and the company in which i worked were using payroll companies to pay its employees. I omit the last payroll company on my claim due to new payroll company taking over last Oct… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
What is the likelihood of winning a lawsuit or an out-of-court
What is the likelihood of winning a lawsuit or an out-of-court settlement against an employer who fired you 6 weeks after you returned from 5 months disability for depression and anxiety in which they… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
My company just went through a merger in February. We were
My company just went through a merger in February. We were told that our jobs will change and a large percent of us would not have jobs post merger. If we still had a job we were required to move eith… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
In October 2007, prior to starting my employment with current
In October 2007, prior to starting my employment with current employer I signed a two year contract and received a sign-on bonus. The contract stated the salary I would earn and that I would have to r… read more
socrateaser
socrateaser
1,031 satisfied customers
In New York State if you are currently working on commision
In New York State if you are currently working on commision is a sales position full time, but have only made 25k in the last year can you leave your job and get unemployment while you look for a new … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I am a salary employee. I worked 46 hours the week before last-
I am a salary employee. I worked 46 hours the week before last- and this past week I worked 30, due to my daughter getting strep throat, I had to miss 2 days. The HR manager just informed me that I wi… read more
Joseph Leon
Joseph Leon
Member
Juris Doctorate
270 satisfied customers
RE LABOR/WAGES RELATED-Ive been working for a military/electronic
RE: LABOR/WAGES RELATED-I've been working for a military/electronic parts procurement company in CA for 10 monthes. I work 9 hours per day 5 days a week plus occasional overtime depending on the workl… read more
Len
Len
Attorney at Law
Doctoral Degree
444 satisfied customers
I was hired with an agreement that I have weekly telecommuting
I was hired with an agreement that I have weekly telecommuting days and had an different set of job responsibilities than I am being asked to have now. I was performing "job A" for three months as a t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
While in a temporary academic position I decided not to ...
While in a temporary academic position I decided not to continue in the fall after I telephoned the employee services and ask how long my health care benefits would last if I taught part time during t… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x