California Employment Law

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Background: Asst. mgr. Food Service. No ... I just found out…

Customer Question
Background: Asst. mgr. Food...

Background: Asst. mgr. Food Service

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

No ... I just found out that a co-worker was promoted to same position, and got paid more. Happy for her; but I feel discriminated base on my age & esp because I've been vocal about what's going wrong in the unit & nothing being done about them ... ex: attendance & tardy issues etc

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes "at will"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel that soon they'll transfer me to a diff store (which I can refuse) but I feel that they'll make my stay challenging (been tried by cutting me short of employee(s) running my shift(s)

Submitted: 3 months ago.Category: California Employment Law
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Answered in 12 hours by:
3/31/2018
California Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 125,784
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have evidence they are treating you differently based on your age, then you need to file a complaint with the EEOC, because they have to investigate and grant you a right to sue letter. See: http://www.eeoc.gov

If the EEOC and evaluates your evidence and determines that age was the only reason the co-worker was paid more, then they will first try to resolve this with your employer and if not they will give you the right to sue and you can take them to court

If they are retaliating against you cutting your shifts, then that retaliation is illegal as well and you can sue separately over that retaliation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 125,784
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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