Q: Have been asked to resign or be terminated. Was told it is performance but over exceeded 2019 goals.

I never received notices of low performance. In 2019 I exceeded my sales goals. This year the company lost a customer in my territory, but it was not my fault, as they decided to start buying directly from China. I am 49 years old, and there are other younger sales people who did not reach sales goals, but are not being terminated. Last year I was out for two weeks after I had to have a pacemaker implanted, but that time away from work never affected my sales goals. Do I have a case of discrimination? Can they say it's performance when I was never coached, and when there have been only 2 months in the year, and I definitely met and exceeded the previous year's goals?

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: You may have a claim for age discrimination and/or disability discrimination if your pacemaker has a lasting impact on your ability to perform major life activities. However, you'll likely need more evidence than what you've stated above to support your claims. How old are your supervisors? How old are the rest of the sales people that perform your job? Has anyone made any negative comments to you concerning your age? Age discrimination claims become available once you turn 40, so if everyone you work with is below the age of 40, this will be a helpful fact for you.

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