job related info

**detroitbred** · May-17-10, 02:05 PM

Any lawyers or anyone else out there have any experience with "contructive discharge" from an employees prespective? Would appreciate any input...Thanks

**n7hn** · May-17-10, 04:39 PM

http://jobsearchtech.about.com/od/fe...tructive_2.htm

good luck

**detroitbred** · May-18-10, 07:49 AM

Thanks! I know it will be a difficult thing to prove. But there is reason to believe that my husband is experiencing age discrimination, and I think we can prove that. It is a very amxious time for us, and we'e just trying to think our way through our options. He has contacted a lawyer who seems to think he has a case for the discrimination, but I wanted to know if anyone on this forum had personal experience with anything similar.

**Sstashmoo** · May-18-10, 11:53 AM

Can you be a little more specific? Age discrimination how?

**n7hn** · May-18-10, 01:26 PM

Yeah,Sorry, I dont have info on fighting it. I found your question interesting as it applies to my recent job loss. My case fits the scenarios to a "T" . The making the work environment as hostile as possible is just what I went thru. It was clear they wanted people to quit. I think its pretty common place nowadays tho with alot of "second tier" hiring agreements in place. Its just what Id feared would happen.

Again, good luck to you both.

**detroitbred** · May-18-10, 03:28 PM

It is much like n7hn said. My husband's employer has made his working conditions unbearable. He has been placed on "final warning" so next step is out the door, yet he has received awards and bonuses for meeting the goals set by his employer. He immediate boss has made several statements regarding his age [[ 63 ). He is required to meet certain criteria that others in his same position are not required to meet. Several others people who work for this company in the same capacity that he does, have been let go, and replaced with younger people. n7hn, did you retain an attorney and try to reach a settlement or something? We are both nervous wreckes these days. How are you doing?

**n7hn** · May-18-10, 05:42 PM

I was fortunate enough to get a buyout , but they were headed where your husbands company is at. Sabotage work processes to slow us up, then say we were too slow.... etc, etc, etc...and they started documenting every little thing too, valid or not. I cant pursue anything due to the separation agreement i signed, since you hadnt told me about this BEFORE i left....LOL>

I guess a lot of it depends on what you expect to gain. Unemployment is pretty easily convinced, but other compensation is a legal battle, Sorry I dont know a suitable lawyer.

**gazhekwe** · May-20-10, 08:04 PM

There are some good lawyers out there. I like Michael Pitt for employment discrimination.

Constructive discharge is not in and of itself illegal. If there is a discriminatory reason, like trying to get rid of more highly paid workers who are a demonstrably older group. The problem with that is sorting through all the different aspects that may spare certain older highly paid persons, who then might serve as comparables to show the company is NOT discriminating.

Documentation is key.. For each and every incident you need date and time, what happened, who was involved, and if there were any witnesses. If there were others similarly treated, those should be listed with name, position, age, length of employment. If others did the same and were not so treated, those incidents should be documented as well, with the person's name, age and length of employment. Was the company aware of the incident and how do you know about it? Witnesses?

When it comes to long lists of nitpicky he-said-she-said incident reports and disciplines, it always helps to have the background info, company rules, circumstances that led to things happening. If you have such a list, it would be good to go over it and come up with husband's answer to what happened, why he did what he did, and why he feels what happened to him was discriminatory. Difference in treatment? Detail what made it different. Specific statement by supervisor? Document as above, and if there were witnesses, list them. Disparate impact? Did the same to anyone but because of some age related condition, it was more likely to impact older workers.

**detroitbred** · May-24-10, 04:01 PM

Gaz, Thanks for all of that really goods info. As a matter of fact, we have a lawyer at Pitt law working with us! She thinks we have a case for age descrimination, and we have a number of examples documented. Unfortunately there are no witnesses to these conversations with my husband's immediate superior, but there are other people in my husband's age range that have had similar experiences as well. I could go on. My husband, with the attorney's help, has written a letter to everyone who should get one at my husbands company, and he has had a call from their "HR Dept", seeking more info/details from him. Now we wait to see what they do next I guess. Very anxious times for us. Thanks again for your valuable in put.