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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Age Discrimination

    My question involves labor and employment law for the state of: MI I am 50 yrs old. Neice referred me to a job and eventually became my supervisor (I applied for the same promotion position). It is okay for relatives to work in the same department but a problem was created when she became my supervisor. I sucked the promotion mishap; however, others didn't for various reasons and 9 people were "laid" off because company said we needed to downsize. My neice (sup) told the rest of us that we would have to cover the schedules of the dismissed. She gave others shift pick of choice due to seniority (two had less seniority than myself). She said to me, "I need you to take a shift with X and Y because they are not catching on, you are older, and one of my best workers". I said, "that not my job to train them or lock the doors." Eventually, I took the shift out of distress because she was going to tell those co-workers that they didn't get their preferences in front of everyone. I complained. Two days later, given a legal document offering me: a severance pay less than 3K, no dispute in unemp bens, a neutral reference and the rest of typical things, cobra etc. The termination was effective immediately but director said I could go back out and work and continue to work??? I told her I didn't understand. I asked to keep my job...she said she would check on it. I worked a week and no one got back with me on the issue. One day, quietly emailed my good byes because I was locked out of one the computer. I quietly walked out the door. Director called me and said “ why did you leave”? I said you fired me. “She said no, you are not fired”. She asked," Where is the paperwork? Please sign the paper work and deliver to President next week so you can get your benefits".
    I have until end of month to sign documentation. Do I have a case, can I draw unemp while I dispute (can they hold them up) , do I get a lawyer and/or file EEOC complaint?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Age Discrimination

    I'm not seeing an age discrimination complaint here. I"m seeing someone who was given an assignment and who said, "That's not my job".

    If you worked for me, you'd have been fired right then and there on the spot. Your job is to do what your employer tells you to do.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Age Discrimination

    Thank you for your reply. Please don't get me wrong...I am not one of "those" types. I volunteered to do anything and everything, I was the top banana in sales, never missed a day, never tardy, always above and beyond. Supervisor said she was giving everyone else their preference accept for me because I was older (and am the eldest in the department). They brought back a young girl that was not up to par (she moonlights and others do too) and said I had to coach her. I admit, all of it is a bitter pill to swallow because my neice (sup) takes advantage of our relationship. Perhaps this incidence wouldn't have happened if my supervisor had not been related to me. I suppose the background information is all superficial...sup said she didn't want to share the throne and assisted in an underhanded way to get the other supervisor terminated. I appreciate any advice because I don't want to cause myself more greif. I have the difficult task of finding another job....and it is more important to have a roof over my head. This is a great forum.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Age Discrimination

    It sounds as if the problem was that you were related to the supervisor (which is a very bad idea and which most companies do not allow, for this reason) and not because of your age. But when your supervisor, regardless of who it is, tells you to do something, it then becomes your job. Unless you have a legally binding and enforceable contract that specifically says that you cannot be asked to do anything other than x duties, your job is what your supervisor says it is.

    Your problem is that you shot yourself in the foot. You *might* have been able to pull off an age discrimination complaint based on her "because you're older" statement IF you had not refused an assignment. By doing so, you handed her a legal reason to fire you on a silver platter, and now you'll have a much more difficult time proving that it happened because of your age. I'm not sure it can be done. It was less than a slam dunk to start with - you may have killed it outright.

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