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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work here in Sacramento< Ca I am a maintenance tech. I

Resolved Question:

I work here in Sacramento< Ca I am a maintenance tech. I have to go on call everyother week My Supervisor suspended me for 3 days because i did not answer th phone so they switch to the next person witch was the Supervisor when he came in the next morning first thing he said was I got woke up last night I said looks like the system works a couple days later he sent me home for 3 days said he was writing me up for sleeping on the job I told him that was a long time ago and it was corected and he said it donot matter there are alot of lunch vilations I have lots more

Don
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

I am sorry to hear of your difficult situation.

What is your legal question for me please?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

Customer: replied 4 years ago.

I am 59 almost 60 he has commented a few times that I donot keep up with guys 40 aand 21 walking I have bad knees yes he does

Don

Expert:  Tina replied 4 years ago.
Thank you for the additional information, Don.

Given your age, if you are also being treated less favorably than similarly situated but significantly younger employees, that would typically raise an inference of age discrimination in violation of state and federal laws.

The proper course of action would normally involve attempting to resolve the situation internally with the employer, usually through the HR department. If the matter is not promptly resolved, then a charge should typically be filed with the state Fair Employment and Housing Commission.

It is best to consult further with a local employment law attorney as well if you wish to protect your legal rights, so the attorney can be ready to respond if the employer attempts to retaliate against you for asserting your rights.

Here is a link to the state FEHC's website which provides more information on this issue:

http://oag.ca.gov/publications/CRhandbook/ch2


I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!


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