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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Resolved Question:

CA LAW - If an employee and officer of a CA company resigns due to a medical condition, with a undisputed verbal agreement that she will be re-hired after recovery from a major illness (expected and actual 18 month period), and she is not rehired when recovered, and excuses for the delay are made for 6 months, then told no, with no reason given, is there cause for a lawsuit under disability law, or age discrimination (she was 57)?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of the situation.

You seem, by your facts, to be confusing several laws regarding employment.

When the employee resigned---while there may have been a promise by the employer to rehire the employee when they were recovered---absent consideration for the promise---making it an enforceable contract---the promise is not enforceable under the law.

The fact that they employee may have been, or is, disabled, in no way impacts on the obligation of the employer in this situation. Neither does the age of the former employee---unless the employee can affirmatively prove that the reason they are not being hired is because of their age or disability.

If that is your position, then you would have the right to file a discrimination claim.

CA law prohibits harassment and discrimination in the workplace and you do have a legal remedy.

Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards XXXXX XXXXX as undesirable or offensive.


In CA you have two possible avenues of approach to dealing with discrimination. If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well.


You may a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your age or disability status.

To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(NNN) NNN-NNNN or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.

Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(NNN) NNN-NNNN EEOC website: www.eeoc.gov

Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.


After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.

I hope you found my answer informative, even if the law is not necessarily in your favor. Please Accept my answer so that I may be compensated for assisting you. I wish you the best in 2012.

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much, LawTalk.
I did read your answer, the next morning.
However, I have tried THREE times now, and each time, it presents the answer just fine, but it does not provide the usual, "Accept this Answer" dialog box.
I am concerned, since I am aware that this is the process by which you are paid.

Pls see if this can be resolved from your end.
I will try contacting customer support from this end.

Thank you for the answer - I found it very useful and it answered my question.
Interesting, there is a standard survey that follows receipt of an answer, a day or two later. When I click on that, it says"Survey already taken".

Jan
Expert:  LawTalk replied 2 years ago.
Good morning,

Thanks for letting me know about this. I've sent a note to the company to let them know of the issue.

Have a great week,

Doug
Customer: replied 2 years ago.
thank you.
(i am replying here to ensure you get credit)
Expert:  LawTalk replied 2 years ago.
Thanks for checking up. I can not tell from looking at the page. I will have to have out support team look into the matter.

Have a great weekend,

Doug

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