incompetence

by Dee
(CA, USA)

I am an older worker, age 58. I keep making dumb mistakes due to increasing "senior moments." I work really hard and get along well with everyone and have a great attendance record. I am now on warning and worried I will be fired. If I am fired can I collect unemployment, or am I out on streets? Which is what will happen if I don't get unemployment.



Hi Dee

I am familiar with "senior moments":)

Let me tell you how employers win these types of cases ..

Inability to do a job is not misconduct, so they try to show that you had been capable of the job in the past and that your current inability isn't inability at all, but a volitional act of neglect of your job duties.

They use past satisfactory performance reviews to drive home the point.

So what might one do if the above scenario is the case? I'd trot myself right on down to my doctor and tell them I'm having senior moments. I'd let the employer know that I'm going to be tested or at least check with my doctor to see if my performance has anything to do with my AGE.

One way to protect ourselves is to make ourself a member of a protected class. Anyone over the age of 40 can make themself a member of a protected class having to do with AGE.

If the above scenario is not the case .. and you have never been able to perform the job without mistakes, but have tried .. remember this ..

The employer chose to fire me due to my INABILITY to perform the job to their standards. I did the job to the best of my ability.

Might not hurt to read the relevant section on this page too.

It also might not be a bad idea to sign up for this guys free email course also. It's all about protected classes and activities. Click Here!

Chris

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