Employment Law Questions? Ask an Employment Lawyer.
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Yes I am
First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. Concerning your rights, under the ADEA it is illegal to discriminate or harass a person because of their age.
However, it is not illegal to engage in such behavior unless that harassment is as a result of a protected category. So, to have a case, you would need to show that this type of behavior was only happening to people over 40
sure but how does one prove that in a court of law?
So it can be proven by direct, or indirect evidence.
A slam dunk case occurs when they say something specifically such as we want you out because of your age, or call you gramps, or make any statement related to age.
Most cases, however, do not have these types of statements
In those instances, you look to how people are being treated in the workplace
If someone older than you is not being treated unfairly, proving your case becomes very difficult
However, if you can point to a pattern of people younger than you being treated better, than you have a strong case.
true...If I can only relate to my situation, it has been since the COO my old boss has resigned
It does not matter when it started, just that it is happening, and it is as a result of a protected category such as your age (over 40), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability.
well being the oldest probably in the company but for sure not looking that old, also involves proving that I have put under duress since the COO had left
Is there anyone within 5 years of your age who is receiving better treatment?
probably not as far as I know
its like the new coach who takes over a team and doesnt necessarily want some of the players from the past....does that make sense
It absolutely does
And if the coach is just a bully, then unfortunately, I must inform you that there is not much you can do. However, if the coach is showing a pattern of discrimination based on age, then there is a lot you can do. Does that make sense?
they know that they cannot force you out, but they are on shaky lines to ensure they dont say the wrong thing but you know that you are headed to the bench and FYI I have over 40 years of expertise in my field
i understand you last comments....so in essence be aware and make special notes going forward based on how I am treated by the superiors
is that correct
You should absolutely start documenting each and every occurrence. Include the time, date, and any witnesses who were there. If you believe there is a solid argument that you are being treated differently than the younger employees, regardless of the reason, you can go to HR and make a formal complaint of "discrimination based on age." Then, if any retaliation occurs, you would have a guaranteed case against them for retaliation of making a complaint.
Then, if any adverse employment action did occur, you can either 1) get an attorney involved to help you, 2) file a complaint with the EEOC, or 3) file a complaint with the DFEH. 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. If you decide to file with the EEOC, you can do so here:
You can file a complaint with the DFEH here
got it Sir...Thank you for your time
I am glad I could get you pointed in the right direction. Have I fully answered your question today?
yes Sir you have and thanks again ...... I am keeping my options open and I will watch how they treat the situation going forward....have a good day
You too. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.
will do Sir
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