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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6423
Experience:  20 years professional experience
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I am forced to quit. my position won't be available for me

Customer Question

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?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 1 month ago.
Category: Employment Law
Expert:  Legal Eagle replied 1 month ago.

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.

Expert:  Legal Eagle replied 1 month 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?

Customer: replied 1 month 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
Expert:  Legal Eagle replied 1 month ago.

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

Customer: replied 1 month ago.
I did not expect to be forced to leave. I am over 53 and just worry on finding new job
Expert:  Legal Eagle replied 1 month 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.

Expert:  Maverick replied 1 month ago.

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

Expert:  Maverick replied 1 month 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.

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Expert:  Maverick replied 1 month ago.

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