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Zachary
Zachary, Lawyer
Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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I work for a large cable company. I have been with them for

Resolved Question:

I work for a large cable company. I have been with them for 10 years. Since turning 55 I have been reorganized 3 times. This last time I have to sell my home and move across the state to keep my job. No moving help because I am hourly EE. My job can be telecommuted and much of it is. One reorganization ago, a male employee wanted to work out of an office closer to his home although the team was located elsewhere. Granted. I ask for the same accomodation and "no, the team is in Pittsburgh". My evaluations have all been stellar. I feel that this is being done because I make $20.00 an hour and they can trade me in for 2 $10.00 people. I have seen over and over tenured employess 10 years to 20 years reorganized out a job. Do I have any options here? This last reorganizition affected 3 people..1 legally blind, 1 over 50 black woman, and me, female 58.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thanks for your question.

The law in this area heavily favors the employer. As an hourly employee, you fall under the At-Will Doctrine. This means that the employer may terminate you at any time for any reason it sees fit, as long as that reason is not because of discrimination based on race, color, religion, sex, military status, national origin, disability, age, or ancestry of the employee. This also means that the employer may at its discretion change the terms of your employment.

Now, in your situation, the employer may not take a negative employment action against you based on your age or gender. The fact that a reorganization negatively affects you triggers your protection under this law. Further, it seems that you have some evidence that the actions taken by the company are done so against other protected groups.

Accordingly, if you believe that they have reorganized you based on a discriiminatory purpose, you may file a claim with the EEOC for discrimination.

The EEOC may be contacted as www.eeoc.gov/field/ . You need to contact them and make an appointment to fill out a claim.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3820
Experience: Contracts, Wrongful termination and discrimination
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