Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I believe that I have been discriminated on for employment

by my former employer, Marriott...
I believe that I have been discriminated on for employment by my former employer, Marriott Vacation Club Worldwide in Hilton Head Island, SC.
I am 62 white male with a medical disability.
I applied for a sales position which is IDENTICAL to my former position and at which I was ranked #1 in the entire company.
How can I protect my rights?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
4/18/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,556
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

Thank you for your question. Just to be clear this was an application for a job to a former employer and not a current employer, is that correct? Did they tell you why you were not hired? When you say the other person hired was "younger" do you know if they were under 40 years of age? Are you saying you weren't hired because of your age, your disability or what specifically?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago


This was an application to my former employer (Marriott). I resigned my former position in Newport Beach, CA to move back east due to family needs.


They were vague, saying only that :the management team selected the individual who was the "best fit" for the job. I asked how that could be since I was the #1 sales executive in the Company prior to my resignation and move.


I am not sure if the person selected is under 40 but I believe so.


I believe I was not re-hired here (Hilton Head) because of my age and also because of my medical disability (colon cancer survivor with ostomy appliance) which I mentioned during the interview process.


 

Hello again and thank you for the information it was helpful. You have a few options available to you and your best bet would be to sit down with a local employment law attorney who, after hearing all of the facts, can put together a plan of action with you in a way that best addresses what you want to have happen. But in any event, with or without an attorney you will need to file a discrimination complaint with either the SC Human Affairs Commission or the EEOC. Your attorney might also recommend that before you do so, you write a letter to HR and copy Corporate Legal with a synopsis of what you experienced and your history with the company and your concerns that your age and/or your disability played a roll in the non-hiring decision and that you would like for them to reconsider their decision. (You might not want to do that though if you really don't want to work for them anymore.) But in any event, the letter is not necessary but it is often good to gel the facts for future use in your complaint and a possible discrimination suit.

Once you have filed your complaint with the State or the EEOC, you have two choices. Either to wait for them to investigate your allegations and try to resolve the issue, or just immediately file suit. Again though, your attorney will help you decide that. Just as a point here though, if you have limited funds, you might want to let the agencies I mentioned investigate and try to resolve the issue before you decide to litigate so that you will have the benefit of using what they learned to help you with your litigation should you decide to go through with it after they reach their conclusion.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago


Since I live on a small SC Island, there are no employment or discrimination experts close by, closest being Columbia, or Charleston. How do I find a qualified attorney and what is a likely range of fees? Thank you!

Well you would ultimately want to find an attorney who practices at the County seat at least, since that is where suit would be filed anyway, if you go that route. Your best bet is to contact the SC Bar Association's Lawyer Referral Service and have them refer you to an attorney who is qualified and located close to you. You can find out more about that service by going to: http://www.scbar.org/PublicServices/FindaLawyer.aspx

As far as fees go, they are all over the board, since attorneys set their own fees. But it is not inexpensive to hire an employment law attorney. Fees range generally from $200/hour and up. Your initial consultation though through the referral service should be much less than that.
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,556
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Marsha411JD and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,556
20,556 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,556 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've been dealing with a lot of race discrimination and
I've been dealing with a lot of race discrimination and harassment at work for almost 2 years it starting to take its toll on my and I have filed complaints with HR and nothing has been done it seems … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Is it harassment and discrimination when a woman verbally
Is it harassment and discrimination when a woman verbally attacks another woman and their supervisor says "She doesn't play well with other women."? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have been discriminated against for a job promotion
Hi I have been discriminated against for a job promotion because of my disability. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I m looking for employment law attorney. Full time with
i had to resign after PIP would like to file age discrimination case, has worked here more than 7 years… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Another candidate and I interviewed for the Another
Another candidate and I interviewed for the Another candidate and I interview for the same teaching position. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I was Applying for a Job and went on 2 interviews. In the
I was Applying for a Job and went on 2 interviews. In the second interview i notified the company I would be getting a service dog in the future. Just to notify them. I then received a phone call from… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
EEOC said they do not have jurisdiction and I have the
EEOC said they do not have jurisdiction and I have the letter for right to sue and only have 90 days to file suit. Should I still have an investigator ??… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
34 satisfied customers
Was reciently in an interview process and was not selected
was reciently in an interview process and was not selected for the job. Feel like I have been discriminated against because of my age/appearance. not sure if I would have a case or how to persue … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
I applied for and interviewed for a job in the mental health
I applied for and interviewed for a job in the mental health field as a TSS for a BHRS agency. I am overqualified for the position as I am a certified teacher with a Bachelor's degree. I have a ton of… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,263 satisfied customers
I interviewed for a job promotion along with other.' I
I interviewed for a job promotion along with other … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x