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I work for Ralphs /Kroger. My job along with 21 other people…

Customer Question
Goodmorning , I work...

Goodmorning , I work for Ralphs /Kroger. My job along with 21 other people is transfering to Nashville Tenn. If we choose not to go the company has jobs on line you can apply for. They said we are not going to offer jobs but you may apply for jobs in the company and if you qualify the same with someone outside the company they most likely will give the job to you.i asked the question if I dont apply for any jobs will I qualify for unemployment. Hr said yes. Now I am 69 and I feel the company is looking for younger people to fill jobs. I have 45 yrs of service.After two weeks I was pulled into the office and was told they have a warehouse job for me in Riverside which I am not qualified for. They said some people will not get jobs even though they interviewed. I did not interview for anything.

Lawyer's Assistant: Have you discussed this unemployment issue with a manager or HR? Or with a lawyer?

Last year I felt I was been discriminated because of age because of a situation that occured. He felt it was discrimination but that was not expertise.Ihad earlier applied for job that I was more then qualified but did not get.If they were going to offer me a job why did they offer one that I am not qualified for and 30 miles further away

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 think they would rather see me retire instead of give me unemployment or severance. The other people that applied and are not offered a position wil get both

Submitted: 24 days ago.Category: Employment Law
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3/29/2018
Employment Lawyer: Ray, Employment lawyer replied 24 days ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 46,321
Experience: 30 years in Employment law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 24 days ago
Thank You
Employment Lawyer: Ray, Employment lawyer replied 24 days ago

You may want to wait here and turn it down.You can do a one day temporary job raking leaves, cleaning hose, mowing yard for neighbor or relative and list them as last employer and dodge all of this.

In the interim why not file with EEOC here claiming age discrimination.It is clear they aren't offering you anything comparable and hoping you will quietly retire.It might get you severance as they may want to settle or perhaps a better job offer.It sure cannot hurt to do so.

File here

https://www.eeoc.gov/employees/charge.cfm

Age discrimination involves treating an applicant or employee less favorably because of his or her age.

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from agediscrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.

Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.

Age Discrimination & Work Situations

The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

I agree they are trying to force you to skip UI and then run you off.

I appreciate the chance to help you and wish you the best.

If you can positive rate5 stars it is much appreciated.Prayers to you here with all.

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Ray
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Category: Employment Law
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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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