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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16407
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Hi I am writing on behalf of my wife and her co-workers. They

Resolved Question:

Hi I am writing on behalf of my wife and her co-workers. They work at an assisted living facility in port orange, fl. The employer is in the process of writing the older CNA workers up for charges that are utterly ridiculous...such as gossiping..if they even see two of them talking..when they have no idea of what they are saying. The trend is to rid the facility of ladies who have been working there for 15 years or more to replace them with younger employees. They are creating a hostile work environment and my wife & co. Workers are becoming increasingly stressed at work because after they are written up they have to train the new younger employee who they feel is their replacement..do they have a case
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

does your wife feel the employer is doing this due to there age?

wallstreetfighter :

Are they 40 years or older?

Customer: Yes...most of them are in 50-60
Customer: R u there
wallstreetfighter :

Under FL law, if the employer has created a hostile work environment based on the employees age, that is protected under the Federal and State civil rights laws,

wallstreetfighter :

and they can file an EEOC discrimination complaint alleging age discrimination,

Customer: What can they do
wallstreetfighter :

To file a claim with the EEOC, contact the nearest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.








EEOC — Miami District Office
One Biscayne Tower
2 South Biscayne Boulevard
Suite 2700
Miami, FL 33131
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
EEOC — Tampa Area Office
501 East Polk Street, 10th Floor
Tampa, FL 33602
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
Customer: How do they file and do they have a law suit situation
wallstreetfighter :

They should contact the local EEOC office as soon as possible,

wallstreetfighter :

the EEOC will investigate the matter, and if they find out that age discrimination existed, they would allow the employees to bring a lawsuit against the employer

Customer: They have already forced several to quit by harassing them to the point of saying u will b fired if u don't quit
wallstreetfighter :

Those employees can be witnesses,

Customer: Ok so go through EEOC for the time being
wallstreetfighter :

also if the employees file an EEOC complaint, the employer cannot retaliate in anyway,

wallstreetfighter :

as that is against the federal law and they can be sued for retaliation

Customer: They have been retaliated against for made up violations if someone stands up to them
wallstreetfighter :

Then they need to file the complaint as soon as possible and not accept any forced resignation,

wallstreetfighter :

if they quit, they would not be able to collect unemployment benefits

Customer: Ok, thank u
wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback,

Customer: Thank u
Customer: How can I copy this conversation
wallstreetfighter :

good luck

wallstreetfighter :

once you accept the answer would be saved and you can print them they will also be sent to your email

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16407
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 7 other Employment Law Specialists are ready to help you

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wallstreetfighter
wallstreetfighter
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14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits