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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1249
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was given a layoff after 12 years of serice by handing me

Customer Question

I was given a layoff after 12 years of serice by handing me a letter of reference and letting me know that my job is being outsourced( cost cutting measure). They gave me my vacation pay and also offered separation pay if I sign the agreement that I won't sue. I know it was decrimination. I knew it wa coming because I spoke up for other employees who were being harassed.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 3 years ago.
Hello and thank you for entrusting me to answer your question. I am truly sorry to hear that you are being let go.

What makes you believe this is discrimination? Also, what is your specific question (or questions) regarding this situation?

I very much look forward to helping you on this matter.
Customer: replied 3 years ago.


This is the repsonse I received one of the board member


"Please forgive the considerable delay in reply, but as I reflect on your request, it is not clear that I am the person who can write a solid letter on your behalf. This view is based on my knowledge of the situation that ensued at work. I suggest that you contact someone who knows you well outside of the Faculty Club matter."


While on the other hand former president who resigned just before this decision was made, gave me an execellent reference.
Expert:  Patrick, Esq. replied 3 years ago.
Thank you very much for your reply.

In order to have an actionable claim for discrimination, you must demonstrate that you were treated unfairly on the basis of a legally protected trait. California law recognizes the following protected traits: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

Do you believe that your race, religion, age, or something else was the basis for the president's refusal to give you a positive review? Do you believe that a protected trait was the basis for your termination? If so, what makes you think these things?

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