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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33500
Experience:  Retired (mostly)
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I work for SAMs club as a cashier for 21 years. They say I

Resolved Question:

I work for SAMs club as a cashier for 21 years. They say I must sell 5 $100 member ships. A week or get fired
Submitted: 10 months ago.
Category: California Employment Law
Expert:  socrateaser replied 10 months ago.
Hello,

Are you age 40 or older?

Looking at the other cashiers who are your coworkers, are most of them much younger than you?

Have you noticed that many of the coworkers in your age group have been terminated recently and replaced with younger workers?

Are there any other work-related issues that you believe may be causing your employer to use this sales quota as a means of terminating your employment?

Thanks in advance.
Customer: replied 10 months ago.
Yes most of them are in there 20's they are all part time myself and one other are full time. I am 54 years old
Expert:  socrateaser replied 10 months ago.
Then, you can file a complaint with the California Department of Fair Employment and Housing (DFEH), on grounds of age discrimination. This sales gimmick may be a pretext to eliminate older and typical more overhead-costly employees. And you can hire an employment rights lawyer to assist you in your claim.

If you would like a link to the DFEH or to a lawyer referral service, please let me know and I will be happy to provide.

Hope this helps.
Customer: replied 10 months ago.
But this sale thing is not just me the 20 years get told for the same thing we have a 2 sixty year old
Expert:  socrateaser replied 10 months ago.
The issue is whether or not the 20 year olds are fired if they don't perform. You don't know that, yet. The question is not what's being required, but how it's being used. If the only workers who are fired are those who are both 40 years of age or older, and who do not sell the certificates, then that would be age discrimination.

If the policy is enforced equally against everyone, then there is no discrimination, and you will not be able to stop the employer from this new employment requirement. You'll have to wait and see how it's actually enforced. You may want to make a little log in a notebook about who is fired and when. That could help you decide if this is a ploy to get rid of older workers.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33500
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you

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