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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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I worked for a bank that was purchased by another bank. At

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I worked for a bank that was purchased by another bank. At that time, I was part of the executive management team comprised of the CEO, EVP-Chief Credit Officer and myself, the EVP, Chief Operations Officer. It has been brought to my attention that the other two officers were offered employment contracts. I was not. I am a 51 year old female. I was displaced on 9/30/11 with a termination date of 10/31/11.
Thank you
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hello,

What legal question can I "justanswer" for you?
Customer: replied 3 years ago.

Would it be considered discriminatory that I did not recieve an employment contract and the other two executive officers (both male) did? If I had rec'd the same contract, I would have been employed through 4/30/12.

Expert:  socrateaser replied 3 years ago.
To establish a prima facie case of gender discrimination, an employee must show that: (1) she is a member of a protected group; (2) she was subjected to an adverse employment decision; (3) she was qualified for the position; and (4) she was replaced by a person outside the protected class, or similarly situated non-protected employees were treated more favorably. Vincent v. Brewer Co., 514 F.3d 489 (6th Cir. Ohio 2007).

Assuming that you were qualified for the job, your facts appear to satisfy the requirements of sex discrimination. Whether or not there is another more plausable explanation for your termination, would be the employer's burden to prove.

For an employment rights attorney referral, see this link.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 34453
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Still reading to make sure I understand.
Customer: replied 3 years ago.

What is prima facie mean?

 

What I understand is that I have met the four criteria:

1. I am a protected group because of my gender (female).

2. I was subjected because I was not offered a contract while the other two officers were offered.

3. I was qualified for the position.

4. How do I qualify under number four?

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