Employment Law

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My Manager is asking questions about me and and get mixed…

Customer Question
My Manager is asking...

My Manager is asking questions about me and and get mixed views. my previous reviews and bonuses over the last 10 years have been good . this year with new management was average. I think they are building a case to push me out.

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

What are my rights and what sort of severance should I be seeking.

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

I am a full time middle manager in a non union private company earning with bonus in excess of $100k and will be 60 next year.

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

Not at this stage

Submitted: 7 months ago.Category: Employment Law
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Answered in 7 minutes by:
12/13/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 7 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,566
Experience: Employment/Labor Law Litigation
Verified

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.

Unfortunately, in an employment law situation where you are not union and you do not have an employment contract stating that you cannot be terminated without cause, there is little that you can do to protect your employment. At will employees can be terminated without cause, so they don't really need to build a case to terminate you. They just have to purpose to do so. Now, given your age, it is likely that they would at least want some basis for termination, because you are in a protected class, being over 40.

What you have to do here is document your disagreements with any reviews that you are given. Point out any flaws in their assessments of you. The purpose here is to make it more difficult for them to simply terminate you. It might not stop them, but you are trying to build a case here that their stated reasons are actually just a pretext for underlying discrimination.

You'd have to be willing to file a claim with the EEOC, alleging age discrimination. If they terminate you, and replace you, chances are that the newer person will be younger than you. That will help your claim too. You'd allege that the reasons given for your termination weren't accurate and you were replaced by a younger person, such that it appears their motivation was age. The EEOC would then investigate and provide you the right to sue.

This is really your only option going forward....preparing that potential case if the employer chooses to terminate.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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.

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Satisfied Customers: 20,566
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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).

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