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I worked for a company years. 2 years ago I decided to go…

Customer Question
I worked for a...

I worked for a company years. 2 years ago I decided to go part time (32hrs a week). HR told me I would retain my 4 weeks vacation get personal days and keep pretty much what I had. Well when it came to scheduling vacations my new manager said that wasn't true I only get 2 weeks. Also in full uniform in public thinking she was being cute she called me a bitch and people heard and looked. Do I have any legal rights

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

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

Since I feel I was misrepresented I applied for another position only for them to tell me it was cancelled but was given to the directors daughters friend with no experience

Submitted: 7 months ago.Category: Employment Law
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12/2/2017
Employment Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,798
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

Before I answer a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to race, religion, ethnicity, etc.?

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Customer reply replied 7 months ago
I feel I'm being discriminated
Employment Lawyer: Loren, Lawyer replied 7 months ago

Is the discrimination based on your race, religion, ethnicity, etc.?

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Customer reply replied 7 months ago
In my prior position my former manager gave my week vacation to a new employee who complained because they did not receive a summer week without my notification
Employment Lawyer: Loren, Lawyer replied 7 months ago

What about the discrimination? Is it based upon race, religion, age, ethnicity, gender or disability?

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Customer reply replied 7 months ago
Age
Employment Lawyer: Loren, Lawyer replied 7 months ago

Thank you for the additional information.

Thank you for the additional information.

In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:

In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:

presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer favored a younger employee or replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 7 months ago
What about being misrepresented in my original question
Employment Lawyer: Loren, Lawyer replied 7 months ago

Unfortunately, without a written employment agreement you are going to need to rely on the discrimination claim because your employment is at-will and there is no obligation to provide vacation or other benefits.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question?

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Employment Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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