Legal Question in Employment Law in California
Demotion after Disability Is this discrimination
Employed at a bank for 5 years. 47 yr old female. After reluctantly taking a temp. transfer to another branch, this transfer caused extreme stress, anxiety & depression that needed a DRs care & medication. Came back to work to my branch, they were consolidating w/another branch to a new branch. Was immediately demoted and replaced by a younger female 25 yrs old. (from a completely different branch. I trained her 2 years ago). She is now my boss. Her title being ''The managers assistant.'' Mine was ''The managers Back-up.'' The positions are exactly the same duties, go to the same monthly meetings. She was just given a different title. Of all employees involved in the consolidation I was the only one demoted. I sure feel discriminated against. Was I??
4 Answers from Attorneys
Re: Demotion after Disability Is this discrimination
If you can prove you were demoted because of your depression and/or age you may have a case of discrimination. I suggest contacting the local office of the Department of Fair Employment and Housing. You can also call me @ 805/641-6600
Re: Demotion after Disability Is this discrimination
It is very likely you have an age discrimination claim as well as other tort claims. Your first step will be to contact the EEOC or the Department of Fair Employment and Housing (DFEH). They can either investigate your claim or provide you with a right to sue letter if you wish to seek immeadiate legal action.
One of the advantages to allowing the DFEH to investigate is they are quicker than going to court. However, the cannot award damages of more than $150,000. Another drawback to the DFEH is they can ivestigate and then determine they do not want to litigate the case at no charge to you. Then you will have waited two to six months for nothing to happen.
Once you contact the EEOC or DFEH you should get a hold of an attorney who does employment discrimination. If you have any further question you can contact me by email or give me a call.
Re: Demotion after Disability Is this discrimination
As you no doubt know, it is unlawful for an employer to make an employment decision adverse to the employee for reasons motivated by a person's disability, or age if over 40, among other reasons. The difficulty in determing whether your employer was motivated to demote you for either of these reasons is in trying to find evidence to support these beliefs.
You should begin thinking in terms of what you have observed during your employment with the bank, such as trends the employer has followed with other employees wh have taken time off for a disability, or any patterns replacing older employees with younger ones. Have you seen favoritism taken place? Write everything you can think of down and see what you come up with.
You can then have an experienced labor law attorney review your facts and assist you on what to do to better enforce or protect your rights.
Re: Demotion after Disability Is this discrimination
email me with more information as to why you were demoted and the younger woman as promoted. you may have a case for illegal age discrimination, if not more causes of action. i just need more facts from start to finish to further assist you.
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