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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5134
Experience:  Extensive experience representing employees and management
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I work for a well known Grocery store in northern California.

Customer Question

I work for a well known Grocery store in northern California. We do have a union but they don't seem to be of any help to me. i went to work one day and my foodservice manager and bakery manager were telling me off and reassured me that my store directer was upset with me about the whole thing. I couldn't believe the way they were talking to me. they raised voice and let into me about a cake order i had taken. the bakery manager told me off and the food service manager to me to be quite and not say a word while the other one was talking so when they were done I said no one talks to me that way and said i quit and walked out on my shift. I had never planned to quit that day but I was so upset in the way they were talking to me. Now here I am 59 yrs of age with no job and them women still have their jobs. I put 15 yrs into that conpany. Is there anything I can do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help. My goal is to provide you with excellent service today.

I have a few questions for you before I can provide you with a complete and thorough answer. Do you have any reason to believe that the negative treatment that you were experiencing from the foodservice manager and bakery manager were due to discrimination based on a protected characteristic (such as gender or age)?

Also, have you filed a grievance with the union to try to get your job back if that is what you want to do at this point?

Finally, can you tell me if you had an employment contract with your employer or if you were an at-will employee? Thanks!
Expert:  Joseph replied 1 year ago.
Hello Dian,

Again, I'm sorry to hear about your situation, and my goal is to provide you with excellent service today.

As I mentioned above, your primary recourse is to go through the union if you want to get your job back, as they may be able to do so through the grievance procedure, recognizing that you were just frustrated at the time and didn't mean to quit then.

Unfortunately, unless the treatment that you were experiencing from the managers was due to discrimination based on a protected characteristic (such as age or gender) then, while unethical and inhumane, it is not illegal, so you wouldn't have any cause of action against the managers or your employer for the harassment you had to deal with.

However, if you believe that it was motivated by your age or gender, you should file a complaint against your employer with the Department of Fair Employment and Housing, which you can do online here:

http://esq5.houdiniesq.com/dfeh2/esq/reg/

I hope the above information is helpful. I also sincerely wish I were able to give you better news, but neither you or I would be served if I gave you anything less than an honest answer to your question.

Again, since my goal is to provide you with the best service, please do not hesitate to ask me any follow up questions or request any additional information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.

Please remember to rate my answer positively so I get credit for my work!

 

(If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!)

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