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Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12235
Experience:  Licensed attorney
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need legal counsel re ageism -- easy

Resolved Question:

need legal counsel re ageism -- easy to prove -- concerning former employer Safeway Stores; was disabled keith XXX

Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello, Mr. Owen.

Brandon M. :

Thank you for your question. Where in California did this occur?

Expert:  Brandon M. replied 1 year ago.
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Customer: replied 1 year ago.

 


via telephone and email CA SWY headquarters located in Pleasanton, CA


I'm in San Francisco. SWY wanted me back when in my mid to late forties as a manager but I was caring for my mother -- now deceased. I was told SWY no longer wanted someone like me for I referred to two former managers as jerks for mocking me for caring for my mother etc.


One Store manager broke the law and should've been fired, I didn't menion his name and yet I'm not someone SWY wants. I made them money, boosted morale, work ethic stellar.

Expert:  Brandon M. replied 1 year ago.
Thank you for that information. How might I help?
Customer: replied 1 year ago.


do I have legal recourse?...SWY can hire or not ire regardless?

Expert:  Brandon M. replied 1 year ago.
How long ago did this occur?
Customer: replied 1 year ago.

2-3 wks

Expert:  Brandon M. replied 1 year ago.
Well, it's certainly illegal in most circumstances to discriminate against someone in the workplace because they are age 40 or older. The good news is that, unlike most other lawsuit types, there are federal and state laws to protect the worker, and the governments can even independently initiate prosecution of a civil case on behalf of the victim.

Complaints can be filed with the EEOC or California's Department of Fair Employment and Housing (DFEH) directly. If you file with one, they will work in tandem with the other. Most people find filing with DFEH easier because you can file online or by telephone. Here is their information: http://www.dfeh.ca.gov/

Once a complaint is filed, an investigation will ensue. At the conclusion of the investigation, the governmental entity will determine whether to allow the matter to be prosecuted independently by the victim or to initiate prosecution on the victim's behalf.

Be aware that certain deadlines exist for filing a complaint. Generally, any charge of discrimination should be filed as soon as possible. I recommend seeking counsel on all of these matters immediately, but especially if it appears that more than six months might pass before filing. Generally the EEOC accepts charges of discrimination in California up to 300 days from the date of the discriminatory act and the DFEH accepts complaints of discrimination up to one year from the date of the discriminatory act. I hope that this helps.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12235
Experience: Licensed attorney
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