California Employment Law
California Employment Law Questions Answered by Legal Experts
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First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer does something without legitimacy, especially when that action is quite frankly wrong. The best thing to do here is to either give a formal complaint in writing to the hr department titled "Complaint of discrimination based on age" or file a complaint directly with the DFEH for age discrimination. This can be done here:
The reason I say this is because it is illegal to harass or create a hostile work environment against an individual because of their age (or gender, race, religion, genetic information, pregnancy, national origin, creed, or disability). It is not illegal to harass a person in such a manner for a non protected category. The courts have made very clear that they will not be the arbiters of general claims for unfairness or harassment that is not premised on a protected trait such as race or religion, reasoning that if workplace unfairness/harassment could form the basis for legal action, we would see thousands of such lawsuits every day. This is certainly not to diminish your concerns or complaints, but rather to explain the policy behind the law, which may assist with your understanding.
So, if you make a complaint to hr or to the DFEH, or to the EEOC about age discrimination, then your supervisory must stop telling you have to retire or he risks subjecting the company to a lawsuit for discrimination.
Further, if you have proof that the complaint was made (in writing to hr through an email or letter sent certified return receipt, or through the EEOC or DFEH) your employer would be prohibited from retaliating against you, and any retaliation would open the company up to litigation. If this does happen, then you would want to get an employment attorney involved. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.
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I told you I couldn't go to anyone higher in the company. It would only make things worse. Further more this amount of time it took to receive the answer was to long. I'm not happy with the service or the answer and would like my money refunded.
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