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Tina
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 HVE WKED FOR EMPLOYER 17 YRS ALL EVALUATIONS EXCEED MY HRS

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I HVE WKED FOR EMPLOYER 17 YRS ALL EVALUATIONS EXCEED MY HRS WERE CUT IN HALF N GIVEN TO ANOTHER PERSON BECAUSE THEY MAKE LESS MONEY IS THAT LEGAL?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status? Do you have a contract the employer may be violating?

 

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

Idont believe its age although new employer 30 and I am 45. No Ihve no contract

I see. Thank you for clarifying that for me, Melissa.

It is not typically unlawful for an employer to discriminate against an employee because they are a higher paid employee. It is unlawful to discriminate against an employee due to their age (40 or older), but if there is no evidence to suggest that age discrimination is involved and there is no contract stating otherwise, an employer would be able to assign tasks to a lower paid employee in order to save money typically. I'm sorry, but the facts do not indicate the employer has violated any employment laws under these circumstances.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Hello again, Melissa.


I'm truly disheartened to see that you rated my assistance to you negatively instead of using the reply button to let me know what additional information you may be seeking from me. I strive to provide every customer with excellent service. How may I better answer your question for you? I invite you to ask any additional question that you may need to, for clarification of your issue.

Customer: replied 3 years ago.


I dont know what to ask . It just seems crazy that an employer can just push you out after giving them your all. Id be glad to rate a fair . You did answer my question. Thank you

Hello again, Melissa. I agree that the law is unfair and allows for a very unjust result in your situation where there is no contract in place and no substantial evidence of unlawful discriination, but not all forms of discrimination are prohibited by law and this is one of those instances I'm sorry to say.

You could try appoaching the employer about this if you are willing to perform the tasks now being performed by the younger employee for the lower wage. If the employer refuses, then you would have a stronger case for claiming age discrimination and could pursue a complaint with the state Fair Employment and Housing Commission.

If you do not wish to pursue that option, then there would normally be no legal recourse. I'm sorry and I appreciate the fact you will choose not to shoot the messenger since I am providing you with an accurate answer and I sincerely XXXXX XXXXX could provide you with a more favorable answer.

Tina and other California Employment Law Specialists are ready to help you