Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I need to a lawyer in reference to my job situation. I was…

I need to a lawyer...
I need to a lawyer in reference to my job situation. I was harassed due to age and was let go, but they want a letter of resignation. Help!!! I dont know what to do
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/8/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,300
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Employment Law Question

What will they do if they do not get the letter from you?

Have you filed a complaint with HR regarding the incidents of possible age discrimination?

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
I verbally confronted my immediate supervisor, principal, and union rep a week before they let me go. My HR Manager was in the meeting on 3/1/18 where I told that I will not resign, that they just fired me. My HR manager is aware of the harassment that is why they let me go. I am supposed to go back to work but I dont know what to do. I have been very anxious!
Customer reply replied 5 months ago
Email is fine

I am unclear what you mean. If you have been fired, why are you scheduled to go back to work?

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Well they "let me go" but they want me to work until the end of the school year, June, but they want me to resign and write a letter of resignation. They said it was in my best interest. I didnt do anything yet. I dont know what to do?????

If you are resigning due to the hostile work environment, it is probably ok to resign in writing and state that.

If they have violated your rights under the ADEA then you do not have to continue to work and be subjected to the harassment.

In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:

In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:

presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Ok. I filed a complaint yesterday with that company. I am just trying to get an appointment with them to discuss my circumstances. I dont know what to do first. If I don't give them a letter of resignation, they may escort me out. I dont want to resign. I am afraid to go back there because I dont know what to expect. I do need a lawyer. Since I already filed the complaint with eeoc, what do I do now???

Since a complaint is on file, you are in a protected position since they would not want to be seen as taking retaliatory action.

At this point, I would advise you retain local counsel and have them communicate with the employer for you in order to protect the claim.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Ok. By the way, they already retaliated against me! I confronted them on 2/21/18 with harassment charges and they did nothing! Then on 3/1/18 they let me go. I call that Retaliation!!!!!

Yes, that would add additional liability to your claim.

It does sound like you need to move forward with local counsel.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,300
Experience: More than 30 years in legal practice.
Verified
Loren and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Thank you for your assistance

You are very welcome. Best of luck to you.

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 Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,300
39,300 Satisfied Customers
Experience: More than 30 years in legal practice.

Loren 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
What next when you are a victim of workplace bullying
What next when you are a victim of workplace bullying leading to summary dismissal. How do you get back your career and move on from your dismissal?… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,396 satisfied customers
I have filed a complaint with the labor commission for
I have filed a complaint with the labor commission for discrimination, harassment and sexual harassment. I am having a panic attack because I am supposed to go to work tomorrow. I can't do it. I need … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
150 satisfied customers
I am a teacher. I have worked for the same school district
Hello, I am a teacher. I have worked for the same school district for 23 years. I am now being told I will be put on probation, or I can sign the resignation paper they sent me. My question is: Do I h… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about employment law. At will Full time.
The person accusing me texted me that they were contacting my boss… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My employer gave me 2 choices to resign from my job or be
my employer gave me 2 choices to resign from my job or be terminated The reason he did this to me because i ask for a reference letter for a job so he got mad and gave me this 2 choices because i was … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am being bullied on a weekly basis if not daily at my
Hi, I am being bullied on a weekly basis if not daily at my place of work and it has gotten to such a degree that I need help … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was forced to resign from my teaching position because she
I was forced to resign from my teaching position because she claimed I wasn't a good fit for kindergarten. She harassed me when I returned from my surgery in October and placed me on a growth plan in … read more
socrateaser
socrateaser
1,031 satisfied customers
I am going in today, I guess to hear the final verdict. I have
I am going in today, I guess to hear the final verdict. I have now been off since last Thursday. I was asked to write a reply to the second complaint which the patient said I was mean, condescending a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am facing terminattion for being intoxicated on the job.
I am facing terminattion for being intoxicated on the job. The took me to get tested and have the proof. If I got a lawyer would that help me keep my job???… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I have been an employee of my company for 2 1/2 years before
I have been an employee of my company for 2 1/2 years before i quit last month due to Harassment leading to an hostile work environment. Ive been harrassed by the same individual there for over a year… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I recently filied a complaint to HR regarding unfair treatment,
I recently filied a complaint to HR regarding unfair treatment, working in a hostile environment, age and race discrimination. The situation became so stressful that I took a LOA immedeiatly following… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
hi question for scottymacesq - its me again the rn with the
hi question for scottymacesq - its me again the rn with the charting error...i have made soem progress - although i am out of work still. its about 8 weeks now. i retained a lwayer she fought the whol… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
hi i had issues at work - basically harassment - i resigned
hi i had issues at work - basically harassment - i resigned suddenly due to this situation. i sent my letter to the hospital. they contacted the union to say that they are not accepting my resignation… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
when it comes to your work performance, when for a fact everybodys
when it comes to your work performance, when for a fact everybody's doing it ur were being single out that you feel that ur boss is picking on you is a form of work harassment?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Can an employer require letter of resignation or threaten to
Can an employer require letter of resignation or threaten to withhold pay in Kansas? i quit my job due to a stressful and hostile work environment affecting a heart aneurysm. When my employer yelled a… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Hi there, Please help me understand if I am being harassed
Hi there, Please help me understand if I am being harassed by my Manager (female): .She constantly tells me I am highly paid but i do not perform 10% of the job requirements . My predecesor performed … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My supervisor who is also a cop and the CEO of a non-profit
My supervisor who is also a cop and the CEO of a non-profit organization geared at working with students ages 8-18 has admitted to smoking with a 16 year old in the presence of another 16 year old. I … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I need help here Ineed to answer to a proposal letter and it
I need help here Ineed to answer to a proposal letter and it seven pages. I cannot answer this. I need help with. i cannot dothis alone. This has to with my employment. I dont have the money for a law… read more
Tina
Tina
Doctoral Degree
83 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