Advice after firing: Do jobs, work force value experience? Someone in Chicago asks

An advice column where Chicago can ask questions on how to navigate life transitions, relationships, family, finance and more.

Dear Ismael,

This year, I turn 65. Since I was 12, I’ve always held jobs. I moved back to Chicago after 21 years in Las Vegas, where I held C-suite roles in both hospitality and nonprofit. I’ve coached, trained and led upward of 12,500 team members globally and am still remembered fondly.

In January, I was released from my sales role, with a statement from the store director: “It’s time for us to part.” The reason? “We don’t feel you’re happy” being here. Also, “your productivity in the last two months has been poor.”

Two days before this action, the company brought in a 35-year-old to our team. The boutique director, who has been there for about 60 days, is 35 years old. The team remaining is 33 and 39.

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I received no written or verbal specific performance documentation; in the first 12 months, my sales were over 1 million, and delivery of important holiday products in the last 90 days left all the team members in underperformance.

Am I seeing something horribly unfair, unjust and with no merit? Or should I just accept the fact that the workforce no longer values experience at 65?

— Anonymous for Obvious Reasons

Dear Reasons,

I am very sorry that happened to you.

I hope you know there are people out there who value the years you’ve given to your profession, whether that was a thankful client you helped on a regular Wednesday or a young trainee you gave some valuable knowledge they can’t get in a classroom.

Not everyone is willing to pass along hard-earned wisdom, but we love and cherish those who do.

I still remember a boss I had when I was a production assistant at a TV station. He would let out a sigh of frustration and tell me, “I paid thousands of dollars and attended lots of classes to learn this. But, here, I’ll teach you how to do it for free in two minutes.” I didn’t know if he was joking or actually annoyed, I still don’t, but I appreciated the help.

But I’ve also been a fly on the wall at jobs where there’s talk about a possible ousting of a top and long-serving talent. “Is their expertise costing the company too much money? Can they hire younger people to do the job for less?”

Your firing was definitely unfair. And, after reading your letter, I’m sure some are wondering if it was illegal and what their rights are if they ever find themselves in that situation.

I spoke with Julie Herrera, an attorney in Chicago who represents employees in contract negotiations and in disputes with their employers. Here are some elements Herrera thinks should be considered.

Your age and work history

If you are over 40, you’re covered by federal and state laws (and even local ones) that prohibit discrimination based on age. An employment lawyer would also note that you have been working from a young age and have a good record of holding onto jobs. Those attributes would make you appear more credible.

Younger people being hired close to your firing

The 35-year-old who was hired days before you were let go is another important detail. If a younger person is hired right before, at the same time or right after an older person is fired, that could be evidence age might have been a motivating factor.

Should I keep a journal to document my experience?

I asked Herrera this, thinking it could help. But she says journals might hurt your case. If you start documenting every time you feel slighted at work or every time you’re irritated, it starts to look like you whine about everything, and you might come off as paranoid.

Journals aren’t very useful unless someone is being sexually harassed, Herrera advised. They help in sexual harassment cases because of the traumatic effects that lead someone to block the experience from their mind.

This is a lot of information, but what’s Herrera’s short answer if your firing left you puzzled? Definitely call an employment lawyer. Most lawyers will talk to you for free for a certain amount of time to help you figure out whether you have a strong case.

Write to

Someone in Chicago

 at [email protected].

 
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