Legal Question in Employment Law in Illinois
I am 63 & employed for 15 yrs w/company A. I have gotten stellar reviews & accolades. A year ago a portion of company A was acquired by a consulting firm Company B and my position was included. I am at the same company A location in the same management position however I am now paid by Company B. My dept came in over budget in 2011 because of numerous equipment problems throughout the plant. Company B is using Company A's 2009 budget as the model for all future performance. Company B is squeezing everyone & looking for cutbacks & ways to save money to look good in the eyes of their client Company A. Company B 7 days ago gave me a 60 day final termination warning accusing me of misconduct and being solely responsible for the loss of a new client contract - a competitor of Company A. I do not woo and have never been involved with soliciting new clients and negotiate contracts on behalf of Company B. Am I being set up as a scape goat for someone else's incompetence when it's really a case of age discrimination termination?! I see 3 probable violations - age discrimination, retaliatory discharge & wrongful termination. The joke of this is ON THE DAY I GOT THE FINAL WARNING FROM COMPANY B; I GOT A LETTER OF EXCELLENT SERVICE & PERFORMANCE FOR 15 YEARS FROM COMPANY A !!!! What are my option to fight this?
1 Answer from Attorneys
You really should engage experienced counsel, given the fact you have been presented with a 60 day final termination warning. In Illinois, your employer does not need a reason to terminate you. However, the termination cannot be for an unlawful reason, such as what you cite, age discrimination. Age discrimination is VERY difficult to prove absent direct evidence. A competent attorney should be able to negotiate a reasonable exit package which will allow you to also collect unemployment benefits.
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