California Employment Law

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Comcast has been trying to get rid of the older workers who…

Customer Question
comcast has been trying to...
comcast has been trying to get rid of the older workers who have been there for over 3 yrs but especially5+ yrs in order to save money/benefits and because we dont sell as much as the new emplyees.i was recently fired by comcast because i thought i had lost my cust while i was talking to him and after i repeatedly asked if he was still there i sd a swear word under my breath while on the phone.the cust then came on the ph 60 sec later and we finished our conversation pleasantly without the cust ever saying a word about the swear word=he had been away from the phone when i had sd it=do i have a case to sue comcast for wrongfull firing due to age discrimination and cust never heard me swear on the phone?
Submitted: 3 years ago.Category: California Employment Law
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6/11/2015
California Employment Lawyer: Patrick, Esq., Lawyer replied 3 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,560
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
I am very sorry to hear that you were let go and agree that the circumstances seem unfair. Do you have any specific evidence to suggest that the real reason you were terminated is because of how old you are? Have other older employees been terminated for illegitimate reasons? Have negative comments been made about your age?
I very much look forward to helping you on this matter.
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Customer reply replied 3 years ago
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
California Employment Lawyer: Patrick, Esq., Lawyer replied 3 years ago
Unfortunately, I cannot speak on the phone with you. Can you please respond to my question above? Thank you very much.
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Customer reply replied 3 years ago
management has been comming down hard by threatening to right us up and have even fired us without write us like me (59+ yrs old) and my co-wker adrianne (62) on the 50+ crowd even though we are all green in our metrics=all the older workers talk about all the time
Customer reply replied 3 years ago
only have their actions to go by. the policy at comcast is to fire you if you swear at the cust, but i did not swear at the cust, so i should not have been fired i feel.can i sue to get my job back?
Customer reply replied 3 years ago
comcast will over look violations if they like you but fire for the same violation if they do not like you=its about favoritizm and who you know.
Customer reply replied 3 years ago
on computer at the library and my time ie almost up=7 min left
California Employment Lawyer: Patrick, Esq., Lawyer replied 3 years ago
Thank you for your reply. IF you can prove that you were fired because of how old you are, then you have a valid claim. However, there is a factual question here as to what your employer's true motivation was. You contend it was your age, but your employer will contend it was because you sweared at a customer.
It will be difficult for you to prove that your employer's stated reason for termination was merely a pretense to cover up their unlawful motive, but it's possible. You will need extraneous evidence, such as the fact that other older employees have been unfairly targeted and treated with less leniency than those who are younger. Comments about your age will also help support that age was your employer's motivation here.
Ultimately, the success of your case boils down to a simple question--can you get a jury to believe that if you had been younger you would not have been fired? If you think you have facts that would convince a jury of this, then you have a case that is likely worth pursuing.
The first step is to file a claim with the EEOC. This is a free administrative claims process that does not require an attorney to pursue. The EEOC will conduct an investigation and report its findings to you. They will also attempt to mediate a resolution with your employer. The EEOC may discover additional facts which make your case even stronger, so regardless of the strength of your case now, it would typically be prudent to file.
See here to file your EEOC complaint: http://www.eeoc.gov/employees/howtofile.cfm
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
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