QUESTION
For nearly a year prior to leaving references were continually being made regarding my age. Also verbal abuse. Resigned to avoid termination 5/15/15
Asked on Jun 03rd, 2015 on Discrimination - Indiana
More details to this question:
Was a manager, replaced and given a lower position. The new manager consistently made references to my age, telling me I should 'retire', go live with my children, said he was 'worried about me' and other comments. Went to HR, nothing was done. He continued. On the 11th of May, they sent me home and told me if the decided to terminate me, it would be backdated to the 11th. I was contacted via conference call on the 12th, said I could resign or be terminated. All of this was because I had purchased items on our account at Office Max for the office, warehouse and the Warehouse Manager which was a lot more than they thought it should have been. The District Manager accused me of purchasing items for my personal use, which I did not. But the main reason I am asking about is discrimination on my age. I am 68, extremely good at my job.
1 ANSWER
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Dear Anonymous,
You are a member of a protected class (over age 40), and therefore may have a claim for age discrimination under the Age Discrimination in Empoyment Act ("ADEA"). In order to prevail in an age discrimination claim, you must be able to demonstrate that your age was the "but for" reason for your termination. Just because your employer has told you that the reason for your termination was related to your purchasing of office supplies does not mean that you do not have a case. These cases are very fact specific and thus require a thorough analysis of the particular employment situation. If you are interested in a free consultation to discuss your case, please contact me.
Chip Clark
PS: Diane, please give me a call. I tried to send you an email and it was returned as "undeliverable."
Answered on Jun 08th, 2015 at 12:49 PM