Legal Question in Employment Law in Maryland
Hello,
My husband is in sales. He has been a consistent performer at his company for over 16 years. 2009 was his best year ever. During his annual review today, his sales manager told him that his branch manager wants to get rid of him. The sales manager completed his performance review as a "needs improvement" due to pressure from the branch manager, he said. The sales manager also told him that since he earns a high salary, by getting rid of him, they could save the branch alot of money and give my husband's accounts to a new sale rep who earns much less. This new sales rep was "forced into" the branch as he is the son of the former CEO of the company. When my husband told his sales manager that he wanted to discuss the matter with this branch manager, he was told not to as the branch manager "migh do something rash." The sales manager told my husband that he would meet with him again next Monday.
I told my husband to go back into the sales manager's office, and request that Human Resources be involved immediately. I also think he should request a meeting with the branch manager as well, even though the sales manager opposes such a meeting. This appears to me to be a case of age discrimination, as well as a personal issue on behalf of the sales manager with regard to my husband's income level.
What should his next step be?
Thanks in advance!
1 Answer from Attorneys
There is informaton that is needed. (size of the company, comparison of those over 40 versus your husband, statements in employee handbook, etc.) Nevertheless, because of your husband's situation (the manager wants to get rid of hi anyway), he may improve his situation by following the employee handbook on complaints and appeals regarding evaluations.
(Practice in Baltimore Metro Area and DC/MD Metro Area)
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