Legal Question in Employment Law in California

I was just laid off during a company re-org. However, two of my colleagues at the same level, basically doing the same job, with the same salary were not laid off.

The day after I was laid off the VP created new organization chart which shows new roles for exactly what I was doing. In fact the org-chart shows 12 positions for the position I was in, two filed by my colleagues, and ten that need to be filled.

I have never been given a negative review by my boss. In fact I make over my bonus.

The only difference I can see is that my two colleagues are girls and I am a male.

I spoke to my old boss (who was also laid off) and he says he doesn't see how they could have done this.


Asked on 4/11/15, 12:49 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

Proving that the reason you were selected for lay-off is gender discrimination will likely be an uphill battle unless you can show a pattern of replacing men with women (I assume that's unlikely).

I do not know how old you are, but in these types of scenarios age come into play. If you are significantly older than those who were left or those who will be hired in your place, it would be a good idea to see if age discrimination claim can be made. You should discuss this with an experienced employment attorney in your area.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

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Answered on 4/11/15, 12:55 pm


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