Legal Question in Employment Law in California

Hello,

I have been a very successful, iconic employee at a multi billion dollar company. We have been downsizing our department which may be outsourced.

I would like to stay as long as possible with the company and have applied for a position that has been traditionally staffed by young women. I am by far the most qualified person-can the company not hire me because of my male gender, ethnicity or age (slightly over 40)?

Secondly, if we do get downsized, what sort of attorney should I retain to negotiate terms? I do not want to agree to non-disclosure, or to not work for a competitor as my knowledge and experience would be very valuable to a competitor-unless the company would be willing to negotiate. Also, a behind the scenes book about this well loved and despised company could be lucrative.

Thanks.


Asked on 4/12/11, 8:16 pm

2 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

For a company to discriminate based on gender, it should generally be a bona fide occupational qualification, for example, lipstick model, need not technically be, but in all practicality should be female. As far as reviewing agreements and representing your interests, you should retain an attorney. You may send me an email to discuss further.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 4/13/11, 8:31 am
Terry A. Nelson Nelson & Lawless

You would need an employment rights attorney to negotiate your separation package. He will need to educate you on the realities and reasonableness of your expectations. If 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 4/13/11, 10:15 am


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