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Help Please, Need some advice

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#1
What is the name of your state? PA

I am an senior account executive at a large corporation in PA. I have been in the same job for 14 years now and have always received above average evaluations. There has been a recent change in mgt and these people do not like me. I am 55 years old. I have been told by my supervisor that the vp doesn't care for me and wants me gone. I questioned this and asked how someone in the position for as long as I have, with good reviews could suddenly turn into a pile of crap that needs to be fired. I received no response. I was also told that if I stayed, they would put me on a probation period where specific things have to be done. I remain employed, but am looking for other opportunities. In any case, I need some advice....assuming i cannot find another opportunity, do i stay and eventually be canned? Is this a potential for a wrongful termination case (assuming I'm fired) or not? What about age discrimination? I think there is an element of age discrimination because I am the oldest and most highly paid acct exec in the company. Sorry this is so long. I'm confused and just need pointed in the right direction. Thank you
 


cbg

I'm a Northern Girl
#2
It is not at all unusual, nor is it illegal, for new management to "clean house" and bring in their own people. The only way this is going to be a wrongful term is if you are able (and at least initially the burden of proof is on you) to show that but for your age you would not have been fired, put on probation, demoted, whatever. Firing you etc. is legal if it is because you are the most highly paid; it is only illegal if it is done because of your age. It doesn't matter how good your reviews are; if they want to bring in their own people they can. You will be eligible for unemployment if you are fired but without supportable proof that your age is a major factor, if not the sole factor, it is legal.
 
#5
It is not at all unusual, nor is it illegal, for new management to "clean house" and bring in their own people. The only way this is going to be a wrongful term is if you are able (and at least initially the burden of proof is on you) to show that but for your age you would not have been fired, put on probation, demoted, whatever. Firing you etc. is legal if it is because you are the most highly paid; it is only illegal if it is done because of your age. It doesn't matter how good your reviews are; if they want to bring in their own people they can. You will be eligible for unemployment if you are fired but without supportable proof that your age is a major factor, if not the sole factor, it is legal.
Thank you. I guess the best option atm, is to stay in the position, try to find something outside the company, and collect unemployment if I get fired.
 
#7
Will do, thank you for the advice. My initial reaction was to just quit and spend my time finding another job, but that's probably not recommended, so i will just hang in there and keep looking. If they make me sign something, with respect to the probation paperwork, can I write that I think it's BS (politely, of course) or just keep low?
 

LdiJ

Senior Member
#8
Will do, thank you for the advice. My initial reaction was to just quit and spend my time finding another job, but that's probably not recommended, so i will just hang in there and keep looking. If they make me sign something, with respect to the probation paperwork, can I write that I think it's BS (politely, of course) or just keep low?
You can tell them that you need to run it by your attorney before you sign it. Then either consult an attorney or at least come back here and ask us about it.
 

cbg

I'm a Northern Girl
#9
While you can write anything you like, it is not recommended and could be considered insubordination, which could (I do not say would; I say could) get in the way of your unemployment. Signing something does not mean you agree with it; it means you have been advised of management's view on the matter. BTW, quitting will also lessen your odds of getting unemployment; I don't say to zero, but close to that.
 
#10
Thank you all for the helpful advice. I will report back with any new information I have as this process progresses and I get more details.
 

HRZ

Senior Member
#11
I sort of agree...don't do anything internally except behave yourself and perform well....and keep extra good records someplace safe off site ...and hope somebody above you does something wrong .

IT is perfectly legal to fire you as a cost cutting step or simple because VP does not like the color of the socks you wear or no reason at all ...and as others correctly post it is darn hard to prove your exit was motivated by age ...at least so far.

Age idiscrimination is not a front line concern with the PHRC ...and you really need something solid in your fact pattern ...it's not in there as I see it.

Just my lay suggestion , use this window to aggressively crank up your external network and options .

I've been there to recruit some top level talent in PA when such was being pushed aside by others. WIth a word of caution ; A person who has not advanced in 14 years may be tainted in some quarters ....it's not a point I'd dwell upon. In one of my prior roles, people rated as unlikely candidates for promotion were shown the exit door ....and you know better than anyone here how the winds blow in your part of the firm.

IF you are " forced " to sign. A probation plan...think carefully and repost ...some such plans are all but guaranteed to fail plans . PS if you've been there 14 years +. you may have a pretty good grapevine as to other probation plan " participants " ...gather good data in a safe place.
 
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