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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31916
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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It is legal that after seven years on this company my boss

Resolved Question:

It is legal that after seven years on this company my boss is telling me that I am not capable to do this job that he is going to hired another person and I am going to be the assistan, so I told him if I am not capable just let me go he said to me no I wont let you go you quit. I have a lot stress what can I do?
Submitted: 10 months ago.
Category: California Employment Law
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:

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

 

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

Customer: replied 10 months ago.

well I feel like humillated, because he told me that I donot have the skills to do the job that he is going to hired another person to do my job and I am going to be the assistan I ask him if i do not know how to do the job why don't just let me go I am 61 years old and I am Mexican I can not forget the way he told me that I amnot apt to do the job HE MAKES ME FEEL LIKE I AM NOT GOOD FOR NOTHING THAT I DON'T KNOW NOTHING

Expert:  Tina replied 10 months ago.

I am so sorry to hear that, Guadalupe.

If the employer replaces you with someone you is significantly youner than you or who is not a minority and they are also not more qualified than you, that would typically provide you with grounds to pursue a charge of discrimination based on age or national origin against the employer, seeking compensation for lost wages and benefits due to the alleged discriminatory conduct by the employer.

The charge of discrimination should normally be filed with the state Fair Employment and Housing Commission and it would also be best to retain a local employment law attorney to help you protect your right to compensation and prevent retaliation by the employer.

The fact that you have worked for the employer for 7 years would suggest that you are capable of performing the job and that discrimination may be involved here unless the employer's business needs have changed recently, such that they need someone with a different skill set. In neither case does the employer's conduct suggest you are not capable or good for nothing.

Here is a link to file a charge of discrimination if it becomes apparent that the employer is engaging in unlawful discrimination against you:

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

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 I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina



Tina, Attorney
Satisfied Customers: 31916
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and 3 other California Employment Law Specialists are ready to help you
Expert:  Tina replied 10 months ago.
Hello again Guadalupe,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

I also wanted to make sure that you did not have any further follow-up questions for me from the legal question I answered for you. There have been technical issues lately so the attorneys are not always getting replies or ratings (which is how we get credit--paid from the deposit you left with the Site--for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina

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