wrongful termination?

[Lstanton]

What is the name of your state?What is the name of your state? Indiana
I have been employed as a supervisor at a small company for over 3 years. I have been successful in the performance of my job as indicated by high marks on my previous performance appraisals. Recently a new Director was hired and within 3 months, I was terminated for poor job performance.
I was given no notice or warning. Our employee handbook states that the company will follow a progressive discipline procedure on poor performance.
I am 57 years old and suspect that the new Director (mid 30s) is concerned about supervising an older manager. Is this substance for a wrongful termination case?

 

[HomeGuru]

What is the name of your state?What is the name of your state? Indiana
I have been employed as a supervisor at a small company for over 3 years. I have been successful in the performance of my job as indicated by high marks on my previous performance appraisals. Recently a new Director was hired and within 3 months, I was terminated for poor job performance.
I was given no notice or warning. Our employee handbook states that the company will follow a progressive discipline procedure on poor performance.
I am 57 years old and suspect that the new Director (mid 30s) is concerned about supervising an older manager. Is this substance for a wrongful termination case?

**A: no, not on the surface.

 

[Beth3]

Is this substance for a wrongful termination case? Only if you were terminated because of your age or for some other prohibited reason. If the new Director felt you did a poor job, terminating you for that reason is not illegal even if it was a lousy deal for him not to advise you of any performance problems so that you had a chance to address them.

 

[Lstanton]

I appreciate that rudeness is tolerated in the workplace. However, most people these days are alert enough not suggest that a termination could be for age based bias. Even if it was, I am sure they would point to other factors. Thus, the other factors would be job performance and if the company had a policy of progressive discipline to improve job performance, I think a definite short cut was taken in the termination.

 

[Beth3]

The employer not following their own progressive disciplinary policy does not make a termination wrongful. Unfair perhaps but not illegal.