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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am female and over 55 years of age. I was dismissed from

Resolved Question:

I am female and over 55 years of age. I was dismissed from an organization that I dedicated myself to for over 11 years with no corrective actions. I was not offered any additional compensation nor other opportunities. Some of my male counterparts have been offered other opportunities at some of our other locations. I worked in the recreational industry which has been strongly impacted by the economy. I was only told that corporate did not feel that our location was producing the numbers they would like to see, although our location maintained profitability throughout this down turn. The company I worked for is an at will company and it's my understanding that this impacts my ability to ask for anything. In order to maintain employment, all employees must sign off on an arbitration agreement revoking our ability to bring on any types of lawsuits. Do I have any options whatsoever?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Are the male employees who were offered more opportunities also significantly younger than you?

Customer: replied 5 years ago.

No they are aroung the same age, however the gentleman taking my position is much younger and has minimal management experience

Expert:  Tina replied 5 years ago.
I see.

Then it appears your strongest case would involve age discrimination since the person replacing you is significantly younger than you.

Agreements requiring binding arbitration for age discrimination cases are typically unenforceable and void under state law.

Therefore, your recourse would typically involve filing a complaint alleging age discrimination with the state fair employment and housing commission. It is best to also retain a local employment law attorney to represent you in seeking lost wages and benefits as a result of the discriminatory conduct.

Here is a link that sets out the elements of discrimination:

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Customer: replied 5 years ago.
Does the fact that they are an at will organization give me no other alternatives outside of the age discrimination? Are there other things that I should be looking at. I recall that about 3 months ago my boss and I discussed other solutions we might have to help bring more business to the dealership as corporate is asking that we pick it up. At one point he mentioned that I had been there a long time
Expert:  Tina replied 5 years ago.
There are limited exceptions to the employment at will doctrine, which typically permits you or the employer to terminate the relationship at any time without good cause and without notice.

The other exception that could apply in your case is if the employer has written policies that have been communicated to you that they violated. This can create a cause of action for breach of contract under an implied contract theory of law.

However, you would typically be required to arbitrate such a claim under a binding arbitration clause.

It is best to retain a local attorney to further assess the strength of your causes of action, but you should not wait since your claims will typically be time-barred if you wait too long.

All the best to you!

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