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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5570
Experience:  Exclusively practice labor and employment law.
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I was off April 8th at 64 years old being with the company

Customer Question

I was laid off April 8th at 64 years old being with the company 11 years 6 months by an email citing decrease in sales as VP Sales since July 2016.
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No just California Labor commission
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: for 11 years I was Nataional Accounts manager then became VP Sales now I have learned they hired an outside the company employee and offered my old position to him.
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: Just that they owe vacation pay sick leave holdiday pay commissions and I feel this was a retailtion move by the owner they could have at least spoke to me rather than an email
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
You do, at the very least, have what is called a prima facie case of age discrimination. What this means is you can meet the basic elements of a civil rights claim - which are 1) you are part of a protected class, 2) you are qualified for your job but treated adversely to similarly situated employees in the majority (i.e., younger employees) and 3) suffered an adverse employment action by being replaced. With this you can bring a charge and it is for the employer then to attempt to refute your allegations with a legitimate non-discriminatory reason for your termination. From your question it appears you have a good record and they otherwise cannot refute it, so you probably can sustain this case in a court.You may want to file a charge with the Equal Employment Opportunity Commission, which is mandatory in discrimination claims for federal matters. The EEOC would investigate the workplace at no charge to you and make a determination of whether discrimination occurred. If the EEOC finds discrimination , they attempt to work out a resolution or, if a resolution cannot be reached, they'll either sue the employer or allow you to sue them in federal court. Lastly, your employer cannot legally discipline or discharge you for filing with the EEOC. If this sounds like something you're interested in, you can learn how and where to file a charge with them here.
Expert:  John replied 1 year ago.
https://www.eeoc.gov/employees/howtofile.cfm
Expert:  John replied 1 year ago.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.
Customer: replied 1 year ago.
The EEOC I visited stated they could not help as it is not written was an age matter so they suggested wrongful termination by a private attorney
Expert:  John replied 1 year ago.
If you do not allege age discrimination in your charge they cannot take the charge. There could be other issues of jurisdiction that do not allow them to take your matter - such as size of the employer. Not having seen your charge I cannot determine what that may be. You do however have 300 days to file or re-file with the EEOC.