Age Discrimination/Wrongful Termination

[eerelations]

I'll address your points one by one. BTW, I don't see how any of them, separately or all together, amount to age discrimination.

1) Just because your husband is over the age of 40 doesn't mean that his employer can't legally fire him.

2) Branch Managers often have the authority to fire people. I don't know why you think this one shouldn't be allowed to.

3) Given that it would be perfectly legal to fire your husband specifically for being the best, hardest-working, most profitable sales rep in the entire world, I don't know how this affects your case.

4) Hiring the son of a former CEO does not = age discrimination. It = a form of nepotism, which is perfectly legal. Regarding your husband's happy clients, see my response to your point #3.

 

[mlane58]

1) Just because your husband is over the age of 40 doesn't mean that his employer can't legally fire him.

Is prong one of test

3) Given that it would be perfectly legal to fire your husband specifically for being the best, hardest-working, most profitable sales rep in the entire world, I don't know how this affects your case.

It can affect it as the employer can't use it against him.

4) Hiring the son of a former CEO does not = age discrimination. It = a form of nepotism, which is perfectly legal. Regarding your husband's happy clients, see my response to your point #3

Prong two!

 

[megamooo]

Thank you, thank you for all of your information.

He is speaking with the branch manager as I type. He would also like to speak with his human resources representative, but doesn't know if that is something he should do now or later as the situation plays out. He does not want to appear a "whiner" and contact HR too soon. Any ideas?

 

[commentator]

All these actions were based on what the sales manager told your husband during a review. That the branch manager wants to get rid of him because it would dramatically cut the cost of operation. That he was forced by the supervisor to give your husband a "needs improvement" on an area of his evaluation.

So what did your husband need to talk to anyone about? It sounds to me as if he is indeed, as the sales manager said, inducing the branch manager to go on and tell him to quit or be fired right now. In regards to telling the branch manager off, or threatening him with an age discrimination suit or something....it seems as though it'd be asking for trouble, as the company really hasn't taken any action yet.

As you have been told, if they did decide to get rid of him for any reason, they would legally be able to do so, but it hasn't happened yet, as far as I can tell by reading your posts. Though it may happen sooner now that it has become a real big issue.

The fact that he has worked longer and harder does not carry much weight in these situations. It's still sounding tough for me to not see this as an economic issue rather than an age discrimination issue. The big box stores do this all the time, get rid of their long term employees who are drawing the bigger salaries as a cost cutting measure.

There's been discussion here that it could be you all could scare them with a threat to file an EEOC suit and they maybe wouldn't get rid of your husband. But I'm not seeing any kind of good outcome from taking this up so aggressively and adamantly at this point.

 

[megamooo]

"All these actions were based on what the sales manager told your husband during a review. That the branch manager wants to get rid of him because it would dramatically cut the cost of operation. That he was forced by the supervisor to give your husband a "needs improvement" on an area of his evaluation."

That's exactly what is going on. The sales manager even let it slip that my husband's name was brought up at the last "rift meeting" by the branch manager because "someone else could do his job"...aka someone else that would not be paid the salary that he has worked hard to attain over the last 16 years.

He did speak with the branch manager this afternoon. There was nothing confrontational about it...he asked why his review was so poor based on his outstanding year. Branch manager told him he thinks he should be working harder. He stated that he is truly giving it everything he's got, which is supported by his placing 5th out of 15 sales employees in 2009. He told branch manager he is working so hard that he now has headaches twice a week; he explained that he is just not a Type-A like a few of the other salesmen (and branch manager favorites). Nevertheless, he does his job and does it well. He then asked why his name was mentioned at the last rift meeting. Branch manager responded, "How do you know that?" Husband was honest, and replied that sales manager had informed him. Branch manager never answered his question.

I think the best thing he can do now is keep the lines of communication open. I suggested that he request of branch manager specific suggestions to improve in areas of importance to branch manager. I also suggested he begin to become more involved in industry organizations, an area of his evaluation cited for poor performance. He plans to pursue these avenues immediately.


Other than this, what else should he do???

 

[commentator]

He should keep doing the job to the best of his abilities. Keep notes on each incident where he has discussions with anyone about his job performance, or in which he is criticized or threatened (or praised) or told anything about his job.

Keep an open and accepting mind. Don't incur new debt. They may at any time, terminate him. It happens. This said, he should keep doing the job to the best of his ability. He may want to do some investigation into jobs elsewhere. Very subtly, of course. He might, at some later date, ask how he's doing, explain to his supervisor that he is doing these extra things to improve his performance in areas where he was determined to "need improvement." He should also, although he is going through the proper channels, include the branch manager in this communications, of course keep records of all such communications.

If he is having health issues, he should find out if he qualifies for FMLA at his company. Incidentally, causing a person to have job related stress isn't really something illegal, either. They could be trying to make his job extra stressful so he will want to quit. This is quite legal.

 

[Shadowbunny]

He should start polishing up his resume, network with people in the industry, and start looking for a new job.

 

[megamooo]

Thanks SO MUCH to all of the expert legal-minded contributers! Your knowledge and advice are MUCH apppreciated...

 

[eerelations]

The advice we gave you was accurate and correct. Just because it wasn't what you wanted to hear, i.e., "your husband has an excellent case for age discrimination, he should sue his employer and he'll get huge amounts of money real soon" doesn't make what we told you any less accurate and correct.

We also spent a fair amount of our personal time trying to explain the law as it pertains to your husband's situation. Your childish and sarcastic response is totally uncalled-for.

 

[mlane58]

Just where was the OP childish and sarcastic in their response? Who peed in your wheaties this morning?

 

[eerelations]

Where she said "Thanks SO MUCH" and then "MUCH appreciated..." When I thank people with an emphasis on "so much" and "much" I'm being sarcastic, so I assumed she was being so too.

OP, if you weren't being sarcastic, my apologies.

 

[megamooo]

"Where she said "Thanks SO MUCH" and then "MUCH appreciated..." When I thank people with an emphasis on "so much" and "much" I'm being sarcastic, so I assumed she was being so too."

What's the old saying...don't assume as it makes an a$$ of you?? After an extremely difficult day yesterday, I WAS genuinely appreciative. As was my husband, who was so thankful for the constructive advice we were able to obtain from this wonderful site. After the bombshell that was dropped on us Tuesday morning, we didn't have the strength to be sarcastic had we tried. The SO MUCH was heartfelt, honest, and sincere.

It's pretty disconcerting that one member of this valuable and knowledgeable community feels the need to read too much into things and post such hateful comments. Shame on you.

 

[Isis1]

"Where she said "Thanks SO MUCH" and then "MUCH appreciated..." When I thank people with an emphasis on "so much" and "much" I'm being sarcastic, so I assumed she was being so too."

What's the old saying...don't assume as it makes an a$$ of you?? After an extremely difficult day yesterday, I WAS genuinely appreciative. As was my husband, who was so thankful for the constructive advice we were able to obtain from this wonderful site. After the bombshell that was dropped on us Tuesday morning, we didn't have the strength to be sarcastic had we tried. The SO MUCH was heartfelt, honest, and sincere.

It's pretty disconcerting that one member of this valuable and knowledgeable community feels the need to read too much into things and post such hateful comments. Shame on you.

be here as long as EE has...and you'll understand.

he did apologize, you know.

 

[megamooo]

"be here as long as EE has...and you'll understand."

You don't beat someone up when they're down. I'm sorry, but I'll never understand mean people.

 

[ajkroy]

Another option would be for your husband to agree to take a lower salary. At least until he finds a job with a comparable salary, it is better than being unemployed. He might be able to negotiate a raise back up to what he is paid now after a period of time or when the economy rebounds.

This could be a win-win, because he knows the ups and downs of the job (whereas a new job would be unknown and possibly worse) and the employer knows he is a proven performer.

Good luck.