I accepted a director’s position at a university.

I accepted a director’s position at a university. When I was hired my supervisor was very anxious to get me on board. I have almost 30 years of experience in higher education, from Vice President to Dean level. After being there 1 month, with no direction provided by supervisor, he decided he wanted me to submit my resignation, even emailed what he wanted in the letter. Said there was no specific reason, nothing that I had done. He told me not to contact HR, I refused, informed HR, and they informed me that even though he had violated all policies, there was nothing they could do since this is an “at will” state. I’m 62, do you think this could be age discrimination?

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36 Comments

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  1. Anonymous

    No I don't see this as age related since he hired you. I suspect he jumped the gun in hiring anyone, including you. He did not have an Onboarding plan to Integrate you and might have been looking for you to figure things out for him.

    In any case I would seek legal advice to ensure you have no financial claim to file against the University.

  2. Anonymous

    I will!

  3. Anonymous

    I feel that the supervisor would not be anxious to get you specifically into the job if there were strong age related feelings. My guess would be that your supervisor either over estimated the amount of work or underestimated the available budget. My suggestion would be to discuss "where do we go from here" with your supervisor. State that you are not going to quit but you want to work with your supervisor to make the department a better place. Note that people can still be fired or laid off in an "At Will" state. Make sure you document things (and have a copy offsite).

  4. Anonymous

    I tried that approach and he was unwilling to work with me. Could not provide one single thing that I needed to change or improve. I think he has someone else in mind for the position.

  5. Anonymous

    In that case, I would keep an eye out for a transfer within the company if possible. Note, your supervisor may try to put you on a performance improvement plan. Make sure you keep a daily log of what you do so you can quickly respond if there are questions raised about your work ethic or skills used.

  6. Anonymous

    Not a budget issue. He had already reposted the position before I left. There were no changes to job description.

  7. Joan Williams, Senior Talent Acquisition Specialist

    Did you sign an Employment Contract?

  8. Anonymous

    Yes, I did. However, it does reference that our state is an “at will” state.

  9. Joan Williams, Senior Talent Acquisition Specialist

    Does it outline parameters for separation?
    I wasn't think so much that an employment contract would stop you from being let go, as make them possibly pay out your contract or whatever terms are laid out. Personally, I wouldn't resign. If they want you gone, make them do it.

    Any chance HR put "even though he had violated all policies, there was nothing they could do" in writing?

    I'm not HR nor an attorney but I'm thinking more wrongful termination than age discrimination, if anything. I don't see how it would be age discrimination since you were just hired a month ago.

    What reason did he give for wanting to let you go? What did he want you to write in your "resignation letter"?

  10. Anonymous

    Supervisor just wanted me to resign, thank everyone for the opportunity to work with them. He put this in an email. When I refused to resign, he terminated me, based on my not having “the needed skill set for the job.” When I asked what skill set did I not have, he stated, “I don’t have to tell you”.

  11. Joan Williams, Senior Talent Acquisition Specialist

    So if you don't have “the needed skill set for the job.”, why did he hire you just a month ago? This seems fishy, I would consider consulting an employment attorney.

  12. Anonymous

    I documented everything. He is unwilling to work with me.

  13. Anonymous

    It could be, lawyer up don't quit,and definitely take any documentation that you have with you. Ageism is definitely harder to prove but you may be able to receive a severance which could offset the pain and suffering caused by this.

  14. Anonymous

    Supervisor terminated me after I refused to resign. Gave a vague reason of “skill set did not match job”. I asked what skill set am I lacking, since I was told when hired that I was the only candidate with all skills sets needed, he stated, “I don’t have to tell you that.”

  15. Anonymous

    Find a good attorney. They should be able to help you wrangle some sort of severance. I would not read too deeply into that comment he made that is generally what they would say. Request copies of any documentation in your personnel file, by law they must provide that to you. That will be very interesting to see...good luck.

  16. Anonymous

    At will or not, you can still sue for unfair termination. Talk with HR and inform them that you will be seeing an attorney regarding this. Things may change.

  17. Anonymous

    I informed HR that I was considering a law suit. They offered to help me with any other open positions on campus that I was interested in and qualified for. However, there was nothing available on campus.

  18. Judiking

    Follow through with the attorney. This puts the pressure on the school and, of course, on him. Even an attorney's letter suggesting the consequences of a suit would cause the school to question this man's judgement (which should have been done in the first place.)

  19. Anonymous

    I got laid off from my university position last week at age 65. Got laid off previously at age 63.

    In my case it was partly due to age, imho, but mainly due to changes of priorities at the top. It's also due to the people at the top being jerks, but I could be biased there...

    Re-read your contract carefully. Even though you're at-will, there may be a clause guaranteeing you severance or some other benefit they're not telling you.

  20. Anonymous

    I’m so sorry. I read my contract, no clauses. I’m out of luck.

  21. Anonymous

    Don't quit. In order to understand your rights, find an employment lawyer for a consult. 99% will consult for free.

  22. Anonymous

    Employment attorney stated I would have to wait and see who he hired, if it was someone of a different race, gender, age or with significantly less qualifications, then I might have a case.

  23. Anonymous

    I don’t have any good advice but I do agree you should fight this if possible. You def don’t deserve to be treated this way and then receive no explanation of cause

  24. Jessica Jaeger

    Is your university part of a “system”? If so, I’d say to go higher than your agency HR.

  25. Anonymous

    I am considering that!

    Thank you

  26. Tami Cannizzaro

    First, sorry this happened. Working "at will" is both good and bad, meaning we are also "at will" to leave at anytime too. Power goes both ways. I've been in a similar situation - coming out of the blue when I had been performing above par and had been praised for it - yet at the end of the day it had nothing to do with age. It was simply a quirk of the company owner. Not a thing I could do. Luckily I realized this and worked the exit to my advantage. And careful about lawsuits. It's all on the employee to prove, which is very difficult. And once you file it's a public record which future companies can see. Do they want to hire someone who has the potential to sue them? For me, I find it best to simply move on when I feel my time is up with an organization and not waste any precious time on the company. There are more opportunities out there, and I've always been able to find something. Again, this is what I've found best and each of us have to decide for ourselves.

  27. Anonymous

    Thank you

  28. Teena Jones

    I am not sure about age discrimination because there is not enough information which would highlight an age issue. However, there is a lack of communication on everyone's part. There is no clear reason to dismiss you from the position unless the position is frozen or they can prove you did not do the job which was requested of you and since there is nothing like that they are asking you to resign without clear reason. Take notes of everything and seek professional assistance from someone in employment law. Not sure you will get the answers you are seeking but make sure you notate everything to plead your case. Although it is an at will state they need a reason as to why you are not a good fit for the position and if it is not do to negligence on your part they will need to pay unemployment and they don't want to do that or provide a severance package.

    I took a contract position one time and rushed into the position with lack of directions. I was asked to leave but it had nothing to do with me the individual I was working with took one look at me and made a decision he did not want to work with me. I left that assignment and initially questioned everything about myself but one thing I could not change is the look on his face when he first saw me I was nothing like he imagined and did not fit based not on the quality of my work or anything related to my skills but based on personal bias. Something I had no control over and I made sure to mention that to my agency.

    Being objected based on a persons personal bias is not easy to explain because we can't make someone like us but being discarded for no reason has an emotional toll and erodes our self esteem. Don't take it personal but do evaluate everything and make your case. If nothing else they need to accommodate you for your time and dedication that means a severance package and a letter of recognition. Or call Ben Crump's team.

  29. Anonymous

    Will do! Thank you!

  30. Anonymous

    this is messy, and you don't provide us with alot of details. Did he tell you to not contact HR in writing/via email, or verbally? So very odd. I'm not sure I see age discrimination...and if it's an at will state, they can let you go for any reason (or no reason at all)-- I don't think you have any recourse. but if they lay you off (versus you resigning)- you could get unemployment...so I would pursue a course that will protect you down the road. Might want to talk with an attorney. Did you sign a contract at hiring??

  31. Anonymous

    Verbally and in a email. Yes, signed a contract but it does include a statement about “at will” employment.

  32. Anonymous

    First, don't submit your letter of resignation...let them terminate your employment. Being in an at will state doesn't mean that your employer doesn't have specific internal guidelines that are required when terminating an employee...I'm willing to bet that they do and that that is the reason your manager is asking for you to turn in your resignation.

    Second, you mentioned that you didn't receive any direction from him, what does that mean? You had to figure everything out and you were actively doing your job OR you just waited for him to give you direction and you continued to wait......

  33. Anonymous

    I actively did everything listed in my job description. Researched grants, met with each director, and was trained by HR to take over those administrative tasks. I did all of this n my own. Supervisor met with me one time for less than 5 minutes after I was hired, and provided no detailed instructions or expectations.

  34. Milissa Jacobs

    Don't resign. They would have to go through legal steps to terminate you and I'm guessing those steps don't match up with your state's laws.

  35. Anonymous

    This story would need to have a lot more questions asked and answered before I could give advice. HR's response sounds like they don't have the ability or power to control how the Supervisor manages their employees. "At Will" does not provide immunity from following federal, state, and local laws. Of course, they can fire you, but they may be discriminating against you. I would obtain advice from an employment attorney on how to address the various issues involved in your case.

  36. Anonymous

    I would absolutely NOT resign.
    If they lay you off or terminate you, you will have recourse to get unemployment. It is very hard for an employer to fight unemployment. 95% of the time they have to end up paying it regardless of the reason they terminated you. I would also consider getting an employment lawyer just to review the facts. May come in handy when it comes to getting a severance package.

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