Legal Question in Personal Injury in California
I am a 58 year old engineer working in the San Diego facility of a large DoD corporation. Starting about two years ago, I received a negative performance review for work I had been �satisfactorily� performing for almost ten years. I was put on an �Improvement Plan� which I successfully completed, but was later told the �success assessment� was a mistake and that I was to be assigned to another supervisor and would be put on second �Improvement Plan�. Then in June 2011, while on the second �Improvement Plan�, I was told by the involved HR rep that without significant improvement I would be let go. Later communications with my new engineering supervisor confirmed this outlook.
Having worked for this firm for 35+ years and nearing retirement, I was devastated by this news. I�m not sure why, but my reaction to this news was just to give up. I discussed this reaction with my supervisor who indicated that termination �would be best for all involved� and would occur within a few weeks. In the interim, I found myself slipping into a depressed state of mind, less and less able to function on the job. My supervisor suggested that I take remaining vacation time until the termination took effect.
A number of things have happened that make me think that there are legal liabilities here for my employer. First, the involved HR Rep �left the company� shortly after my new supervisor confirmed the outlook for my termination. The replacement HR representative has told me that the company has no intention to terminate me. My supervisor avoids me and no longer will address the subject of termination. My work team has stopped flowing work to me, but has not stopped my charging labor to that team. Questions addressed to my supervisor and department director about the processing of my termination all go unanswered. And now, my cubicle is being moved to just outside my supervisor�s door.
I feel I am being harassed and that I am in a hostile environment. If the original HR representatives comments were not true, then I am now led to believe that they were made with malicious intent. My family and I have suffered immeasurable anguish from all of this. I have developed sleep issues and other stress related problems. And a few months ago, my wife said she wants to divorce.
I really do not want to work for this firm any longer, but also realize that similar jobs and salaries are difficult to find and that a voluntary separation would preclude receipt of unemployment benefits. So I have not �quit�.
Do I need legal representation?
3 Answers from Attorneys
I would say you definitely should speak to an attorney about this. You may well have an age discrimination case.
You need to find an employment law attorney as soon as possible. I may be able to refer you to one if you give me a call.
None of your issues and complaints provide any grounds for legal action UNLESS you can assert and somehow show that their attitude is based upon age discrimination. It is certainly suspect, buy you'll have to have specific facts, details, comments, etc to back up the suspicion. Feel free to contact me if you think you can do so. I've been doing these cases for many years. They are hard to prove, but it can be done.
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