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Age Discrimination Matter
John F. Melton

Q. 

I worked for a healthcare company 10 years; I won awards, high achievement and acknowledgements. Months ago, the CEO and the new RDO (regional dir. of operations also my direct supervisor ) pressured me to take on a new development through statements of support, increase of salary by 25k and promise of the next new property to be located close to my personal home.

The new RDO, who is half my age, soon began making comments regarding my age in front of my staff i.e. referred to me as "old bag." She set up a hostile environment among my new staff at the new site and, within 6 months, she fired me with two lines: "You are done." and "You need to go find yourself." During this time, I was told by corporate representative that I needed to "lose weight, see a makeup consultant and improve my wardrobe."

This same RDO change in support happened when, weeks earlier in the first facility, she had instructed one of my staff members to fraudulently create a certificate of attendance for a class for another staff member. This was to prevent a deficiency from the health inspecting team. I objected and refused to cooperate or fake certificate of CEU. This RDO then began her attacks on me. She pushed to transfer me then set up an environment for me to work in a state of fear. The verbal and underhanded attacks were paralyzing.

I am now out of work at an age that will make it very difficult to resume my career as a nursing home administrator (61).

-- rizzpah

A. 

From what you are describing, it sounds like you may have a very good case for age discrimination and a possible wrongful termination for refusing to perform an illegal act. Federal law and state law prohibit discrimination against employees based on age. The federal law is the Age Discrimination in Employment Act. The comments that you are describing are pretty good evidence that your termination is a violation of those laws.

Furthermore, in some states it is illegal to terminate an employee for refusing to perform an illegal act. Typically the requested act must subject you to criminal liability. You should talk to an attorney experienced in employment law in your state to determine your options.

John F. Melton
Ross|Melton, P.C.
1104 San Antonio Street
Austin, Texas 78701
Austin employment lawyer

-- John F. Melton





 
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