Legal Question in Employment Law in California

I was hired as a part time merchandiser in Sept. 2013. No mention of any kind of test, now my supervisor say's there is a test that you have to pass with at least a 75%. Can they fire you if you don't pass? I am 67 years old.


Asked on 11/29/13, 5:35 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If the 'test' is applied to all employees, and equally enforced, then there would be no age discrimination, and then yes, they can fire you. You would have a hard time claiming age discrimination anyway - you were 'old' when they hired you recently, and you would still be the same 'old' if fired.

Not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice.

Now, if you think you can prove age discrimination, feel free to contact me to discuss your evidence.

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Answered on 11/30/13, 12:52 pm


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