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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31953
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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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: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

I am sorry to hear of your difficult situation.

Are you a union member or not?
Customer: replied 1 year ago.

noCool

Customer: replied 1 year ago.

no

Expert:  Tina replied 1 year 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:

http://www.introlaw.com/ed/articles/adea02.html

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

http://www.dfeh.ca.gov/Complaints_eCompProc.htm


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Thank you very much and all the best to you,

Tina

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