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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37049
Experience:  30 years in Employment law
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I drive a truck,I overslept,even though my company has rules

Customer Question

I drive a truck,I overslept,even though my company has rules as to how infractions are handled, and steps that need to be given prior to suspension,my boss told me that he didn't believe I over slept, and gave me 3 days off,totally disregarding the steps that they have in place,to get to actual suspension.I am a good employee with 8 yrs of service,top wage earner and top seniority.I worked as an owner-operator ,for this same company for nearly 10 yrs.A total of 20 yrs. He also told me that when I get back from my 3 days off,I will be 90 day probationary period!!! I am 61 yrs old.
They saying I didnt call off,I called them as soon as I woke up,and the dispatcher told me it was no problem. I should of gotten a verbal warning,then a written warning,before I got the 3 days off.According to their own rules and regulations. It's a small trucking company, roughly 15 employees total. No HR to go to. Can you please help me as to how to proceed,and what,if anything, I have to fight these deliberately wrong doings against me.
Thank you!
T.Johnson
Akron,Oh.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert you tonight.

I would consider an EEOC complaint here claiming disparate treatment.It appears this may be age related and that they are treating you disparately, more harshly than say a younger person.Also they appear to have incorrect or incomplete facts they are basing this on.

Filing with EEOC protects you from being at will employee.Also if they retaliate you can file again with EEOC.This is really troubling that they appear to be treating you differently and more harshly.You may also consider a suit here against employer for such discrimination.

If a complaint against a business (or some other private employer) involves race, color, religion, sex (including pregnancy), national origin, disability or genetic information, the business is covered by the laws we enforce if it has 15 or more employees who worked for the employer for at least twenty calendar weeks (in this year or last).

EEOC will investigate here and you may also seek damages yourself in a civil suit for such actions by the employer.

I am so sorry you are having to go through this.I do hope you seek some justice.Filing with EEOC may prohibit them from more adverse action.I fear they are trying to run you off based on your age and discriminate here against you.

I appreciate the chance to help .Please let me know if you have more follow up.Thanks again.

I wish you a happy thanksgiving as well.

File with EEOC here.

http://www.eeoc.gov/employees/charge.cfm

Expert:  Ray replied 1 year ago.

Lawyer referral to sue them if you choose.

http://www.lawyers.com/employment/ohio/find-law-firms-by-city/

Expert:  Ray replied 1 year ago.

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

This appears to fall under age discrimination here.

Expert:  Ray replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.