Involuntary separation- Determination factors

[sdr1705]

I was recently informed by my immediate supervisor that, due to workforce reduction, my position at a large corporation was being eliminated and that I was being involuntarily seperated.

At the time, she was responsible for a small number of employees based in no less than 6 work sites across the State and reserved discretion in workforce assignments and distribution.

I inquired into the numbers of impacted employees and what factors were used to select separatees. She informed me she was not authorized to answer those questions, other than it was a difficult decision for her to make- indicating she had final discretion.

Unfortunately, I was escorted from the premises before I could gather documentation as to my work history, including performance results and customer satisfaction surveys.

I contend that my performance was above average, I had no disciplinary history, I was above average in regards to training, certification, years of experience, job knowledge and physical ability to perform the work as required for the job as might be otherwise grounds for dismissal.

My manager may contend a business need for the choices she made, however I contend she made the choices based on personal preference and arguably discrimination based on sex as 2 less qualified retained employees were female.

Furthermore, I was the youngest, only male employee in my immediate workplace, contributing to a hostile work environment.

Do I have grounds to complain an Equal Employment Opportunty violation of 42 U.S.C., Chapter 21, Subchapter 6 Section 2000e-2 or other statute?

Additionally, with recent reorganizations, we had worked over 2 years with no practical job descriptions, seniority, merit or measurement system. However, despite performing the same job duties, some of employees were classified exempt, some non-exempt. Would this and/or the fact that the 3 separated employees were non-exempt be violation of any law?

Thanks!

 

[Michael Wechsler]

These are tough times and tough cases. Are there any other reasons to believe that the reason you were fired was because of your gender? Being the least senior employee at the company might be a defensible position.

With employment discrimination cases, each one is fact specific and much of the evidence is uncovered through discovery or other employees who have either been terminated for the same or are currently employed but disgruntled.

You may wish to speak to an employment lawyer who can obtain all the evidence you have with regard to the case. It does sound like there might be a potential cause of action but can you tell me that in the past you were discriminated against as a male in a female environment? Was this really the only isolated incident or was there a real pattern of discrimination? The latter is usually the basis for a true employment discrimination case as is other evidence, e.g. email evidence.

Originally posted by sdr1705
I was recently informed by my immediate supervisor that, due to workforce reduction, my position at a large corporation was being eliminated and that I was being involuntarily seperated.

At the time, she was responsible for a small number of employees based in no less than 6 work sites across the State and reserved discretion in workforce assignments and distribution.

I inquired into the numbers of impacted employees and what factors were used to select separatees. She informed me she was not authorized to answer those questions, other than it was a difficult decision for her to make- indicating she had final discretion.

Unfortunately, I was escorted from the premises before I could gather documentation as to my work history, including performance results and customer satisfaction surveys.

I contend that my performance was above average, I had no disciplinary history, I was above average in regards to training, certification, years of experience, job knowledge and physical ability to perform the work as required for the job as might be otherwise grounds for dismissal.

My manager may contend a business need for the choices she made, however I contend she made the choices based on personal preference and arguably discrimination based on sex as 2 less qualified retained employees were female.

Furthermore, I was the youngest, only male employee in my immediate workplace, contributing to a hostile work environment.

Do I have grounds to complain an Equal Employment Opportunty violation of 42 U.S.C., Chapter 21, Subchapter 6 Section 2000e-2 or other statute?

Additionally, with recent reorganizations, we had worked over 2 years with no practical job descriptions, seniority, merit or measurement system. However, despite performing the same job duties, some of employees were classified exempt, some non-exempt. Would this and/or the fact that the 3 separated employees were non-exempt be violation of any law?

Thanks!