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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My boss gave one of my shifts (waitressing) to a younger

Customer Question

My boss gave one of my shifts (waitressing) to a younger worker. He told me, in front of everyone that she was more capable, (lie) more available ( availability is 7 days a week)...a better server (lie)...that she was a 'crew leader' and I wasn't even 'crew leader' material (lie, I was offered the position 4 times by past managers)...and bot***** *****ne, if he had to choose, he'd choose her over me. The boss above him rectified the situation the next day, I got my hours back. But absolutely no apology from this abusive boss, no retraction. Do I have legal rights? I'd like to sue the company....this is not the first instance over 16 years...I'd like it to be the last.
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard.

Unfortunately, since the matter was rectified and you are back on schedule, you would not have any recourse against your employer. You can request your "boss" who gave your shift to the younger employee to apologize. They don't have to. You see, everyone is entitled to their opinion. And this was this bosses opinion of you, apparently. If you find, however, that you are being harassed by this Boss and the upper manager does not take care of it, and you are at least 40 years old, you can file a complaint with the EEOC for age discrimination.

The EEOC will investigate and if they find there is discrimination or harassment based on your age then they will suggest mediation, file a lawsuit on your behalf or issue a Notice of Right to Sue for you so you can then consult with a local attorney.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you