Legal Question in Discrimination Law in Kansas

Next one forced out

I have worked at my job and can retire in 4 years. My supervisor has made everyone before me quit and now she's working on me. She has taken away my work. I went to her boss for help and he has no spine. They have put me on report to get to work the minute I get there, limit my phone calls (I talk to costumers on the phone, they don't know who is on the phone), I have to consult with them first before a doctor's appointment is made. I have asked her to give me back my work that is in my job description but she refuses.Others are doing worse but they are singling out me since I'm close to retirement. Do I have a case?


Asked on 11/07/02, 10:15 pm

1 Answer from Attorneys

James Rupper Powell, Brewer & Reddick

Re: Next one forced out

Your perception is that they are harassing you by limiting your work, putting you on report, and monitoring your calls. From an employer perspective you may be an ineffective or inefficient worker. There are several things that you can do to correct that perception. Keep a record of all your telephone calls, length, time of day, person to whom you were speaking. Limit your personal telephone calls to your break times and lunch. Never make one during work hours. Second, keep a record of assignments and when they were completed. Report to work early. Finally, when your assigned work is complete, ask for and do more work than assigned. This will do several things, it will keep a record and should they terminate you, you will be able to demonstrate that the termination was pretextual. Right now they are keeping book on you and they will have the evidence to claim that you were inefficient or ineffective and deserved termination. Don't quit, be patient. Make them take action, but do not give them cause for action. If you voluntarily leave, it makes it near impossible to prove that you were discriminated on the basis of age. Most employees in your situation, complain, but never make an honest evaluation of their work behavior. If they have been slack, they need to improve. Most of us can improve and probably need to improve. What you describe is probably not sufficient basis to claim age discrimination.

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Answered on 11/08/02, 3:17 pm


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