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I was told by a Co-Manager/ and AM if I cant lift a full bag…

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I was told by...

I was told by a Co-Manager/ and AM if I cant lift a full bag of Potatoes I can't work in Produce---I am 71 This is the first time I had any problems-- with tears in my eyes I really tried- I can't lift the bag----when I do potatoes I cut the bag open and load my cart/ and put the potatoes in there place--Why all of a sudden are they doing this- I really enjoy working in that dept,

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

No-they just came to me and told me

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Work place-hourly

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

Please help me get my job back--

Submitted: 4 months ago.Category: Employment Law
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Answered in 12 minutes by:
3/16/2018
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,401
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law under the Age Discrimination in Employment Act if you feel like they are discriminating against you because of your age The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me today that I can help you out with:-)?

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