Legal Question in Employment Law in California

Age discrimination

My mom has worked for a fast food restataunt for about 20 years now and she is constantly getting harrased by management. They yell at her and they make her feel really bad. She has told management that when they yell at her she feels like she is going to get a heart attack. She is diabetic and has other health problems. They have cut her hours and days while they give some employees 6 days of work. She would like to know if she can take legal action, if she has a case or not. HR has brought to her attention her health because the GM called them saying she was using her diabetes as an excuse. Is it legal for employer to yell at employees, talk about personal issues in front of regular employees, can they continue yelling at you after one has told them about how it makes one feel.We feel that they--name removed--this because of her age, she will turn 52 this year and obviously one doesnt work the same after 20 years. This is stressful for me and my mother.Please help. Thank you!


Asked on 5/22/09, 5:30 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Age discrimination

IF she can somehow show the 'differential' treatment is because of her age or her disability, then she could have a Discrimination claim. The conduct you describe certainly raises the suspicion, doesn't it? She should consult with an attorney who does discrimination work to discuss all the facts, she should then file a Charge of Discrimination with the Dept of Fair Employment and Housing or the EEOC, and then consider filing suit if the facts justify doing so. If she is serious about doing this, feel free to contact me; I've been doing these cases for over 20 years. .

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Answered on 5/25/09, 1:02 pm


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