Is Ga. an At-will-employer? If so, is there any protection under Ga. Law?

I was recently given the option to resign or be fired from my $100K a year job. Employer provided no warnings, no notice of any issues only good comments on my management and turning the division around. My supervisor admitted that he had not been able to meet with me for training during my 1 year tenure with the company. Company policy is to provide an extensive orientation and training period - (provided to others, but not me) my supervisor failed to provide the orientation and training as per policy :confused: . His supervisor particpated in the meeting - yet failed to recognize any errors on the part of my supervisor. I'm 55 and both the supervisors are younger than myself - age discrimination?

It is only age discrimination if you were fired or training withheld because you are over 40. If they are just less than competent it may be unfair, but it isn't illegal. As you were just hired, it would be harder to show that you were discriminated against because of age. You were the same age when hired, so presumably if they were going ot discriminate against you, they just woulnd't have hired you.

Let me ask you, why do you think it is due to your age?

Response - Why Age Discrimination?

A younger peer has verbally and in emails drawn to the attention of others that I am the oldest in this position. This co-worker has made fun of my age and made jokes about me needing a walker to get around (which I don't), made fun of my white thinning hair and at my recent birthday - my eligibility for Medicare. These comments have been made in front of superviors, on telephone conferences and at meetings without any intervetion by the supervisors. He really drew attention to my age and the short comings of aging. (He's mid 30's and I'm 55).

As this coworker presumably didn't have anything to do with the decision making process to terminate you (wasn't a descionmaker), it isn't indicative of age discrimination. He's a jerk and someone should have told him to stop, but it is the mindset of the descionmakers that count. Did you complain of this or tell him to stop?

The main problem I see is that you were hired shortly before being let go. It is not logical that your company would have hired you only to terminate you on the basis of age a few months later. What reason was given for terminating you?

RE: Coworker

On several occasions, I made it clear to the co-worker that his comments were not appreciated. Both in private and in public.

Reason:

None - Both informed me that they didn't need a reason for requesting my resignation, as the employer was an "At will" employer. They reminded me that this term was stated in the offer letter.

Doesn't the behavior of the co-worker at least qualify for a "hostile work environment".

Isn't the employer liable for allowing "Age discrimination"? If this was unwanted sexual comments or behavior - the employer would be liable for allowing this behavior to continue.

It depends on how pervasive these comments were and whether they were so severe as to alter your work environment. If they were isolated and more of a nusance, and this guy had no say in your termination or other terms of employment, it would not be a hostile work environment. Did you report these comments to HR or someone in authority? Telling him to knock it off a few times in front of others is not the same as reporting the behavior.

Reporting:

Our company has a differnet type of HR operation. They have "People Advisor" for Ga. our advisor was located in TX. - was very ineffective and was more interested in protecting the interests of the Corp. - than the employees.

Since the comments were made in front of my supervisor and his supervisor - they were aware of the effect - I didn't have to report the behavior as they were 1st hand witnesses.

It's a common misconception that HR is there to be the employee's advocate. HR is a part of the company and our job is to look out for the company's best interests as it relates to employees.

That said, just because someone sees something doesn't mean they automatically know it is a problem. If you don't speak to HR or upper management and tell them the effect this is having or how pervasive it is, they don't know. I might hear someone make a questionable comment, but if I think it is either something that is acceptable between the two parties or is an isolated incident, I'm not going to jump on it. Teasing someone about their age isn't illegal. Treating them poorly and using it as a factor in employment decisions is. From just seeing a few comments from a non decision maker but not hearing from the employee directly it is a problem, there isn't much to act on.