Legal Question in Employment Law in California

From these facts, it appears you may have a claim for Discrimination based on your age. It is unlawful for any employer to discriminate against any employee over 40 years old on the basis of their age. If you fit that criteria and believe your demotion is due to your age, you need to speak with an employment law attorney immediately. My office would be happy to speak with you. You can email us at [email protected] or call at (213) 536-4236. You can also visit our website, www.sarnofflaw.com, for more information.

Unfortunately, yours is a story that has become all to common in recent years, as companies have made efforts to streamline costs to stay afloat. Often, the result is that long term, senior employees lose their jobs or are demoted to lesser positions.

The fact that affected employees happen to be over 40, does not, in itself, prove age discrimination. A pattern of such decision making may be evidence of such intent but it will take more evidence than that to make a successful case. It is important to understand that companies have a great deal of discretion is making personnel decisions, especially during times of economic stress. Courts do not like to get involved in these situations.

You should start making notes of any comments or actions you believe indicate discriminatory intent. Take down names of witnesses you need to rely upon. Check your emails or other documents you believe may help you. If you truly believe older employees are being targeted for layoff or demotion, consult with experienced employment law attorneys who are experienced in looking for the kind of evidence it takes to prove discrimination cases.

I believe you may have a claim for retaliation and discrimination based on your age. We handle a lot of these claims. If you are interested please call us at (310) 826-6300. My extension is 50. Our website address is www.mesrianilaw.com , if you care to see our past cases and results.

Yes, age discrimination and retaliation can be argued. You have to 'prove' it through other than your feelings and speculation. If serious about pursuing this, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

The other counsel have advised you. It appears you are the victim of age discrimination, work place harassment, hostile work environment and retaliation. The evidence for these allegations is circumstantial unless you have direct evidence of oral or written statements supporting them. I suggest you consult an attorney and keep in mind that you have a one year statute of limitations in California to file a claim for discrimination, etc. with the CA Dept of Fair Employment and Housing (DFEH). (You can download the Notice of Claim form and questionnaire from its website.) I hope this helps. Bob Woarth