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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17049
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I believe that I have been discriminated on for employment

Resolved Question:

I believe that I have been discriminated on for employment by my former employer, Marriott Vacation Club Worldwide in Hilton Head Island, SC.
I am 62 white male with a medical disability.
I applied for a sales position which is IDENTICAL to my former position and at which I was ranked #1 in the entire company.
How can I protect my rights?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. Just to be clear this was an application for a job to a former employer and not a current employer, is that correct? Did they tell you why you were not hired? When you say the other person hired was "younger" do you know if they were under 40 years of age? Are you saying you weren't hired because of your age, your disability or what specifically?
Customer: replied 1 year ago.


This was an application to my former employer (Marriott). I resigned my former position in Newport Beach, CA to move back east due to family needs.


They were vague, saying only that :the management team selected the individual who was the "best fit" for the job. I asked how that could be since I was the #1 sales executive in the Company prior to my resignation and move.


I am not sure if the person selected is under 40 but I believe so.


I believe I was not re-hired here (Hilton Head) because of my age and also because of my medical disability (colon cancer survivor with ostomy appliance) which I mentioned during the interview process.


 

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the information it was helpful. You have a few options available to you and your best bet would be to sit down with a local employment law attorney who, after hearing all of the facts, can put together a plan of action with you in a way that best addresses what you want to have happen. But in any event, with or without an attorney you will need to file a discrimination complaint with either the SC Human Affairs Commission or the EEOC. Your attorney might also recommend that before you do so, you write a letter to HR and copy Corporate Legal with a synopsis of what you experienced and your history with the company and your concerns that your age and/or your disability played a roll in the non-hiring decision and that you would like for them to reconsider their decision. (You might not want to do that though if you really don't want to work for them anymore.) But in any event, the letter is not necessary but it is often good to gel the facts for future use in your complaint and a possible discrimination suit.

Once you have filed your complaint with the State or the EEOC, you have two choices. Either to wait for them to investigate your allegations and try to resolve the issue, or just immediately file suit. Again though, your attorney will help you decide that. Just as a point here though, if you have limited funds, you might want to let the agencies I mentioned investigate and try to resolve the issue before you decide to litigate so that you will have the benefit of using what they learned to help you with your litigation should you decide to go through with it after they reach their conclusion.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.


Since I live on a small SC Island, there are no employment or discrimination experts close by, closest being Columbia, or Charleston. How do I find a qualified attorney and what is a likely range of fees? Thank you!

Expert:  Marsha411JD replied 1 year ago.
Well you would ultimately want to find an attorney who practices at the County seat at least, since that is where suit would be filed anyway, if you go that route. Your best bet is to contact the SC Bar Association's Lawyer Referral Service and have them refer you to an attorney who is qualified and located close to you. You can find out more about that service by going to: http://www.scbar.org/PublicServices/FindaLawyer.aspx

As far as fees go, they are all over the board, since attorneys set their own fees. But it is not inexpensive to hire an employment law attorney. Fees range generally from $200/hour and up. Your initial consultation though through the referral service should be much less than that.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17049
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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