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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4523
Experience:  Exclusively practice labor and employment law.
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How do I go about filing a complaint an age

Customer Question

How do I go about filing a complaint for harassment an age discrimination in my ex work place? I was targeted by 21 to 24 yr old ladies?? My manager is the mother of an employee at my work place. I'm a waitress at the age of 44yrs of age. Everyone employed as a waitress is no older than 23yrs old. I was mistreated by a fellow team member. I was hit by a door by this team member, not on purpose, but there was no apology, no stop for concern, nothing! If I would ask for help or where something was located she would tell me to go ask my general manager. She refused to even say hello to me! Rules an guide lines that the wait staff were told to follow didn't apply to her or her best friend because the best friends mother is the manager!! I went my manager an general manager an ask for some type of resolution to the issue? I was told all we can do is talk to her?? But that I needed to be more respectful of her??? I was never told of up coming events such as employee leaving an the whole staff knowing an them having a party for her! I was not invited nor was I made aware?? If I asked for help I was always asked how old are you?? I always got assigned tables that no one hardly was setted at, so I made 13$ in a week for tips! I was told we don't claim our tips that just make up a number, I guess so they don't have to make up the difference an pay us the minimum wage if we don't make enough tips!? I was told to always put 0$ when I clock out! I have never been told that before?? Nor have I been treated so disrespectful in a work place! An no one of authority did anything! I contacted the owner by phone a via txt to speak with him an voice my concerns? He has never returned a call or txt?? I just want to know how to stop this business from treating middle aged women like this! An the wage an tips should be a tax issue?? I had to quit after only working 2 weeks because of the constant harassment?? What do I do??
Submitted: 7 months ago.
Category: Employment Law
Expert:  John replied 7 months ago.
You do, at the very least, have what is called a prima facie case of age discrimination. What this means is you can meet the basic elements of a civil rights claim - which are 1) you are part of a protected class, 2) you are qualified for your job but treated adversely to similarly situated employees in the majority (i.e., younger employees) and 3) suffered an adverse employment action, which caused you to have to quit. With this you can bring a charge and it is for the employer then to attempt to refute your allegations with a legitimate non-discriminatory reason for your treatment, and that it attempted to remedy the employee's treatment of you. EEOCWhat you first have to do is file a charge of age discrimination with the Equal Employment Opportunity Commission (the EEOC). The EEOC would investigate the workplace at no charge to you and make a determination of whether harassment occurred. If the EEOC finds harassment, they attempt to work out a resolution or, if a resolution cannot be reached, they'll either sue the employer or allow you to sue them in federal court. If this sounds like something you're interested in, you can learn how and where to file a charge with them here: https://www.eeoc.gov/employees/howtofile.cfm
Expert:  John replied 7 months ago.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.
Expert:  John replied 7 months ago.
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Expert:  John replied 6 months ago.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

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