Employer retailiated my responding to a performance memo by terminating my employment.

Do I have good grounds for a "retaliation" lawsuit based on the following information.

My immediate supervisor prepared a "Improvement Plan" memo that contained several issues that were used as the basis for saying that I was a poor performer. I responded to that memo with the facts as they really were and, in that response memo asked if I was being singled out as "not being a good fit" (his term that was not defined)in the department because of my age of 57, and/or a hispanic vietnam veteran. He became enraged, excluded me from many of the activities taking place in the office, did not provide leads for new business as he did my associates, increased my performance
goals,and subsequently terminated my employment with no severance pay, even though some of my associates were separated from the company and given 1 year salary and medical. I was not even given the opportunity to resign.

Prior to my 6 months with this department I had received excellent performance reviews and received the highest bonus allowed. I worked for this company for 3 years prior to being assigned to this department.

2 answers  |  asked Sep 6, 2001 9:39 PM [EST]  |  applies to California

Answers (2)

Abraham Goldman
Retaliation

Dear Raymond

There are many laws that prohibit retaliation if you were complaining that you were being treated differently because of you age and/or race. If this is what prompted your bad review, and you were dumped on for objecting to it, you have a potential case to take to court.

Feel free to call or email and I will send you my practice resume....I have over 20 years experience in this field.

Abraham Goldman
1 800 945 9446
agoldman@succeed.net

posted by Abraham Goldman  |  Sep 7, 2001 11:41 AM [EST]
Janet M. Koehn
good faith belief

to prove a statutory claim of retaliation, you must have had a good faith belief that your complaint of discrimination was legitimate. were you being treated differently from others on your performance evaluation? do you have anecdotal evidence of a discriminatory motive?
you should discuss the facts of your case with an attorney experienced in employment law. if you are in southern california, please call me for a consultation.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Sep 6, 2001 10:12 PM [EST]

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