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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I feel that I was pressured to retire. I was instructed that

Resolved Question:

I feel that I was pressured to retire. I was instructed that it would be better to retire than to be fired. I need some advice
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.

Did you technically retire and/or voluntarily resign from the position or did your employer terminate you?

If the former, do you have any written proof that you were forced into retiring?

Finally, can you tell me what question do you have regarding your situation?
Customer: replied 1 year ago.


Yes, I voluntarily resigned my position, then retired. I have no proof that I was forced into resigning.other than I was pressured by two high ranking individuals from CUSD (Clovis Unified School District) to "consider retirement before I make a mistake that I could be fired from" . My husband and mother in law were present during the conversations that encouraged me to resign. I felt as if I had little choice. I feel that it was intimated that if I didn't retire, they could fire me on that day if they deemed I would not agree with them. My mother in law was an administrator/surpervisor in CUSD, and was involved herself with hiring and firing. Do I have any recourse with the ADA provisions or lawy, or any other organization? I also have MS, and the administrators knew about that also. My cognitive abilities have been questioned as having been okay to work.


 

Expert:  Joseph replied 1 year ago.
Hello Karen,

It significantly complicates any discrimination cause of action that you have because you resigned from your position instead of being terminated.

However, it would still be worthwhile for you to file a complaint with the Department of Fair Employment and Housing for discrimination on the basis of your disability and age in violation of Fair Employment and Housing Act.

You can file a complaint against your employer using the information available online here:

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

The Department of Fair Employment and Housing will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

Please let me know if you have follow up questions or clarifying questions.

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

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5272
Experience: Extensive experience representing employees and management
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