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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31581
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I retired from a career with the California Department of Fish

Resolved Question:

I retired from a career with the California Department of Fish and Game. Prior to 2006 I supervised 3 permanent staff and had responsibility for a relatively small geographic area and dealt with endangered species and the impacts upon them due to proposed water development projects. I always received superior performance appraisals. In 2006 there was a reorganization and I was given another 6 permanent staff and my geographic area of responsibility increased 15-fold. Too, the additional responsibility was in an field that I had no experience with - wildlife management. Adding to the burden of the increased and unfamiliar workload was the fact that the supervisor over me was not interested in wildlife, he was a fisheries biologist, so I had no support. Too, he on many occasions forwarded assignments to me that were due that day and in looking at the email I discovered he had had the assignment for up to two weeks.
I complained repeatedly to his supervisor and was told that he would talk to him but nothing changed. I talked to Human Resources and had no luck.
Because of the workload I retired in October 2010. After that the workload I had been responsible for was halved and one half went to a person that was promoted to one civil service classification higher than I had been; the other half went to someone already at that higher classification.
I hurt myself financially by retiring earlier than I had planned. Do I have any recourse?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Fran-mod replied 10 months ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 10 months ago.

I will continue to wait. Please let me know if you need additional information.


 

Expert:  Fran-mod replied 10 months ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  Tina replied 10 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Were you over 40 years old when you were working for the employer? Did the employer replace you with significantly younger employees?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 10 months ago.

Yes, I was over 40; I retired (earlier than planned) when I was 59. The person who replaced me was somewhat younger, I'm guessing in his 40's. I don't believe that is the issue, though. The Department has a history of increasing the workload of those who are hard-working and when that person retires or quits to work elsewhere, that workload is reduced to entice a replacement. In my case that is what happened plus the replacement was promoted to a higher civil service classification.


 

Expert:  Tina replied 10 months ago.
I see. Thank you for clarifying that for me.

This practice could be construed as age discrimination to create a heavier workload for older workers so they retire and the employer can bring in younger workers to replace them. Unless the employer is violating a specific policy, this would typically be the only claim that could be made against the employer for engaging in this practice.

Unfortunately, a claim of age discrimination must normally be asserted within 300 days of the discriminatory act--which would be when you were replaced by significantly younger workers. Since you did not assert your claim within that period, it would now be time-barred I'm afraid.

Unless you can point to some other violation by the employer, their practice of overworking employees until they retire or leave would not typically provide grounds for recourse against the employer. I'm sorry.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when we have finished our communication. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 31581
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Expert:  Tina replied 10 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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