Legal Question in Employment Law in California
Reverse Age Discrimination
I work for a PEO and was assigned to our #1 client. My manager & I went to have lunch with the client�s HR Mgr & VP, where it was discovered that I�m a peer of the HR Mgr�s college aged daughter. In less than a week after I started at the client�s site, the HR Mgr decided that I�m not a fit. I �don�t have enough experience�, though she never saw my resume. They complained about when I arrived for work, though I was never informed of formal hours of operation nor their dissatisfaction. From day 1, the HR Mgr undermined my credibility and ability to contribute. I believe that since the lunch meeting, the HR Mgr made the decision that by association with her daughter, I was not mature/professional enough for the job. The week at the client�s site was only a charade to disguise reverse age discrimination. As the client is high profile, my humiliation is company wide. I�ve spoken to my manager, but I was told to drop the notion of discrimination and move on. Is this not a legitimate case to claim with EEOC? Also, my manager has hired people to take my place since I�ve been assigned to the client, so she may not have headcount to bring me back. If I lose my job because there is no headcount, is that wrongful termination?
2 Answers from Attorneys
Re: Reverse Age Discrimination
Based on the facts you stated, it is difficult to assertain if the problem stemmed from discrimination. You would probably need some more definitive facts. However, you may be able to take issue if your company simply dismissed your complaint without a reasonable investigation, or without following whatever procedures may be in place. I would suggest that you contact your HR representative and find out if there are any formal complaint procedures, and then determine if you want to proceed. If you have any further questions, please feel free to contact our office.
Re: Reverse Age Discrimination
Generally there is no such thing as reverse age discrimination. Any type of wrongful termination claim would be governed by your company's lay-off policies and possibly any promises to you about continued employment.
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