How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds


Customer Question

I have worked for the same company for 12 years. I have gradually been pushed out of my full time status in my department, due to hiring of more employees to my current position. My department has hired individuals from outside the company that have not the experience nor the qualifications as I do. I have had nothing if not stellar performance reviews in the history of my employment. Throughout the past couple of years, I have voiced my questions to every "higher-up", to no avail. I read in the paper that my Company was embroiled in a sexual harassment case, in which my company agreed to a settlement without admitting guilt. The GM and director of human resources have been summarily terminated. They were the "highest-ups" to whom I voice my consternation. Do I have any recourse? I have a specific complaint against my Food and Beverage director that was in charge of the hiring, with the approval of the GM. Most of the associates that this man approved have been released from their employment, one through a criminal investigation that I initiated. I have received 2 raises in the last 7 years. My current rate of pay in $10.73 per hour. That is approximately what the last hired people in my position receive as well. I am a qualified 56-years-old woman without medical benefits due to my lack of scheduled hours. There are currently 3 associates of mine, all younger, all receiving full benefits (eligible through full-time status) and all hired within the last 3 years. Can I file a grievance?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Hello and welcome,

I am sorry to hear of your difficult situation.

Are you a union member or not?
Customer: replied 3 years ago.


Customer: replied 3 years ago.


Expert:  Tina replied 3 years ago.

I see. Cool

In that case, I would typically file a charge of age discrimination directly with the state Fair Employment and Housing Commission since you have already attempted to resolve this issue internally without success.

You normally have one year from the date of the discriminatory act to file the charge, so it should be filed promptly.

It does appear that a prima facie case of age discrimination could be made here since you are in a protected class (40 or older) and you can produce evidence that similarly situated but significantly younger employees who are not more qualified are being treated more favorably than you are.

Unless the employer can articulate a legitimate reason for the difference in wages/hours, you would likely prevail in an age discrimination case, but it would be best to retain a local employment law attorney to guide you through the process.

Here is a link that discusses how to prove a claim of age discrimination:

Here is a link to file a complaint of age discrimination with the state:

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 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,


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

Related California Employment Law Questions