Legal Question in Discrimination Law in California
Do I have any recourse
I just received my yearly review. In which my boss says I was rescheduled to the evening hours because I am slower in doing the tasks that the department needs yet my work is less likely to have error. This was not the I was told last year around this time when he moved me evenings. At that time he claimed it was I was too difficult to work with then in a few weeks from that statement it was because the young man in my department was doing too much overtime. I am the Manager of the department. The department when fully staffed has 3 people including myself. I had been working for a long time on days. And never was told my work was unsatisfactory. Even at this point they say my work is satisfactory but just not fast enough. I work with lots of data and data management for a call center. Until very recently fast was not the protocol. In this same review I was told I should think about if I wish to remain as a manager or return to a supervisor position since he had someone to come in the department. I should mention that I am over 50. And had not ever said I didn't with to remain as manager of the department. At present I am waiting for my boss to replace a worker that left the department.
2 Answers from Attorneys
Re: Do I have any recourse
I assume you are not a member of a union. Write down all the points you want to make and give that sheet to your boss after meeting with him to orally discuss the situation. Do not agree to have someone else in the room as they will either gang up on you or it will become your word against two other people; if they insist, try to get a friend to attend but definitely get it taped recorded [besure the tape recorder gets all the conversation]. Be very calm and do not get make cleraly negative remarks about the company or any of its employees. California is an at will employment state so absent a written contract [includes personnal guidelines from company] you can be let go without cause, but you might have a claim for age discrimination.
I realizes now much emotional stress this situation must be on you. But you have gone through worse things and come out ok. Good luck.
Re: Do I have any recourse
It does not appear that your case has ripened into an actionable claim at this time. However, if you are in fact demoted, or even terminated, and you are replaced with someone younger, particularly someone younger than 40, then you may have a case against your employer for age discrimination.
Bear in ming that the CA Fair Employment and Housing Act (FEHA) prohibits discrimination on the basis of age. However, it does not prohibit terminating someone for cause. By bringing this claim against them, you should make sure you have all documentation that shows you are in fact a solid performer. Start collecting this now if you really feel your employer is discriminating against you.
If this progresses further, contact us.
Best of Luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
