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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38878
Experience:  Retired (mostly)
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I dont feel that this was fair due to my work all year and I had no time to take any

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I don't feel that this was fair due to my work all year and I had no time to take any action to improve my behavior. This also has cause undo stress on me in fear if this manager wants to report again I would be unable to defend myself because they would use as a pattern against me. I have been with them for 13.5 years and never had anything put in my file! I am a caregiver for my mother & brother and cannot lose my job!
Hello,

Your question does not disclose what happened at your job. Can you please explain?

Thanks in advance.
Customer: replied 3 years ago.
Based on this complain that happened two weeks prior to my year end review my performance rating was dropped and my pay raise is based on the rating so I was put in for a rating of AE (above Expectation) which come with a min of 3-4% raise. I got dropped down to a ME (meets expectation) bases on this complain but if you were to read my review it was written prior to this incident and the language is consistently exceeds in most areas. Again I received nothing in writing for the complaint just a conversation about what I was going to do differently going forward. Can they Chang my performance rating just like that.
California law does not prohibit an employer from doing what it has done to you, unless there is some underlying discriminatory motive.

Do you think that it's possible the employer is thinking about getting rid of you due to your age?

Customer: replied 3 years ago.
I guess it is possible I am over 50 years old....
Yes, I think it's more than possible -- I think it's happening. Employers are notorious for starting to lean on older employees by downgrading their performance and then terminating them as they get older.

I realize that you need your job, so I'm not going to tell you to start raising hell immediately. But, if it were me, I might casually drop a hint that, "It feels to me like you're looking for an excuse to get rid of me, because I'm not young and cool enough any longer." You could write a rebuttal to HR and ask that it be added to your personnel file.

Then, see what the reaction is. If everyone starts walking on eggshells, then you'll know that it may be time to file a complaint with the Department of Fair Employment and Housing (DFEH).

Hope this helps.
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