URGENT Help Needed

[managerdistress]

I am a new manager. I have an older employee who is not meeting expectations. I have spoken with her several times about her performance. I have provided additional trainning, she still has not improved. I have recently hired three new associates to work in my store. I have a business to worry about and I need people who can do the job. Today, she looked at the schedule...saw her hours had been cut, threw up her hands and told my assistant manager she resigned and she has had enough. I want to accept this resignation. Do I have anything too worry about when it comes to her coming back to claim age discrimination. Our previous conversations are not documented however my assistant manager is willing to state in writting the employees statement that she resigns. Help!!! Thank you for your advice.

 

[cbg]

There is nothing you can do that will prevent her from filing an age discrimination claim if she is determined to do so. That is a protected right.

However, just because she files a claim (if indeed she does) doesn't mean that she will win. The more documentation you have showing that she was under-performing and that she was given ample opportunity to improve, the less likely it is that any kind of claim will be taken seriously.