Employers do not always fire employees when they want them gone. However, if an employer wishes to terminate an employee for reasons they know are illegal, that employer might pressure that employee to resign.
Maybe you have been forced to resign, and you suspect it was borne from the fact that you’re over the age of 40, and, thereby, your employer is committing age discrimination. If this is the case, you may have a valid wrongful termination claim and be able to recover damages from your employer.
What is Forced Resignation?
Forced resignation is when an employee is required to resign from their job, rather than being fired. Forced resignation can occur for a variety of reasons, such as when an employee is not performing up to the company's standards, or when an employee's behavior is not in line with the company's policies. Forced resignation is generally seen as a less severe form of termination than being fired. However, it can still have a negative impact on an employee's career and reputation.
Nonetheless, managers, supervisors, or even company owners can sometimes pressure employees to resign for illegal reasons. For example, some people are forced to resign because of their age. Even though an employee in these circumstances may not technically have been terminated, this might still qualify as an instance of wrongful termination.
What is Age Discrimination?
Age discrimination in the workplace refers to treating an employee unfairly because of their age. Age discrimination can include discrimination in hiring, promotion, pay, job assignments, training, or termination.
Age discrimination is illegal under the Age Discrimination in Employment Act (ADEA) of 1967, which applies to employers who have 20 or more employees. More specifically, the ADEA provides protection from discrimination on the basis of age in the workplace to people who are 40 years of age or older. If you believe you have been the victim of age discrimination, you can file a charge with the Equal Employment Opportunity Commission (EEOC).
What To Do If You’re Forced to Resign Due to Your Age
There are several ways that an employee can gather evidence to support a claim of age discrimination:
- Keep a record of any incidents of age-related discrimination, including the date, time, and details of the incident. It may be helpful to include any witnesses and their contact information.
- Save any documents that may be relevant to your claim, such as emails, performance evaluations, or written communication from your employer about your age or retirement.
- Make note of any age-related comments made by your employer or coworkers, such as statements about your age or references to your retirement.
- Keep track of any negative changes in your job duties or treatment at work that you believe are related to your age.
If you are forced to resign, make a record of the circumstances leading up to your resignation and any conversations you had with your employer about the decision.
Get Help With Your Age Discrimination Forced Resignation Claim
According to the U.S. Bureau of Labor Statistics, age discrimination is still an issue plaguing numerous industries. If you believe you were forced to resign in a manner that constitutes age discrimination, strongly consider enlisting the help of an attorney. An attorney may have the expertise necessary to assist you in building a strong case.
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