Legal Question in Employment Law in New York

I have been with my current employer for almost 7 years. I have been awarded employee of the month twice (200+) at same job description. Over the last couple of months I have been given unrealistic goals, asked to do things that are not in my job description. The latest was a 100 question test given to all. I scored a 79. Yesterday I was told that a score of 80 or above was expected of all and that a "write up" will go into my personal file. I was never given the answer key to the test so I could actually see what was missed. How can I improve on my weak areas Should I sign this write up and add my own comments? I have the feeling that the company is trying to get people to quit to avoid severence and unemployment. When talking with a few co-workers they are experiencing the same treatment. One shared with me her score of 78 and I was lead to believe I was the only person below 80. She was not told of a write up.

Any suggestions on how I should word the comments? Could this be the beginning of a discrimination case?


Asked on 12/09/09, 9:21 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

An unlawful employment discrimination claim is based on age, race, gender, disability, nationality, religious, sex or gender discrimination. If your suspicion does not fit any of the mentioned categories then you do not have a traditional discrimination claim. I would suggest that you sign the "write-up" with a comment about the test. Start keeping records at home about your work activity (employee manual, employment polices, pension statements and books, letters, copies of e-mail). You will likely need all of the mentioned documents should you later discover that your employer violated either employment law or labor laws. Good luck.

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Answered on 12/14/09, 7:47 am


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