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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31924
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Working a job with vastly more skills then other co-workers

Customer Question

Working a job with vastly more skills then other co-workers and being denied growth opportunities does not seem fair. What can be done
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome,

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 1 year ago.
My whole department was laid off in November 2011. My group that consisted of 11 desktop support technicians received servance packages. Three out of the group decline the packages and decided to accept jobs working for the Director that had stated 2 years ago that if he ever became our supervisor he would firer my entire group. Since he had openings in his department he had hirer us. This came with a warning. " This job has no relief, you will be answering the 8 hours a day until you learn how we do things in this department.
The three of us that accepted the job have more expirence than all of his personal. He has made it point to place contractors over us. We are not able participate in any of the advance job traing and are left off rotations for additional training
Expert:  Tina replied 1 year ago.
I see.

Are you significantly older than the employees being treated more favorably and age 40 or older, or are you female and they are males? The law prohibits discrimination based on certain protected classifications. Do you see differences in the type of employee who is being treated more favorably compared to you?
Customer: replied 1 year ago.

I am 57, the other are 40 and under


 

Expert:  Tina replied 1 year ago.
I see.

Given that other employees are being provided promotional opportunities as well as more favorable scheduling opportunities, AND you are a member of a protected class AND they are significantly younger than you, AND you are being treated less favorably, these facts would typically support a prima facie claim of age discrimination against the employer, for which you could seek lost wages and benefits due to the discrimination.

Here is a link that sets out the necessary elements to prove age discrimination:

http://www.jdsupra.com/legalnews/ninth-circuit-clarifies-requirements-for-94166/

The proper course of action would typically involve filing a complaint of discrimination with the HR department in an attempt to resolve the matter internally. If it is not promptly resolved, then a charge should normally be filed with the state Fair Employment and Housing Commission.

It is also best to retain a local employment law attorney to guide you through this process, especially if you have reason to believe you may experience retaliation for pursuing recourse in this matter.

Here is a link to file a charge with the state:

http://www.fehc.ca.gov/commission/guide.asp


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

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Customer: replied 1 year ago.

I will read the material tonight and respond later

Expert:  Tina replied 1 year ago.
Sure that is fine. Let me know if you need clarification of anything and please remember to provide a positive rating so I will be compensated for my time.

Thank you and good luck to you.


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