Legal Question in Employment Law in Pennsylvania

unfair workplace

I have been told by my employer that I have to switch jobs with another employee to make the company run faster; this would be the third time I have changed jobs with the same employee. Their reason is he is too slow and can't handle as much work. His new job(my old one) is being scaled back and the extra work I'm to do because he can't handle it. Is There anything I can do, this seems like reverse age discrimination. More work for me less for him same pay for both of us. I just need advise,can I apply for unemployment or sue?


Asked on 12/23/07, 12:36 pm

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: unfair workplace

This could be a case of reverse discrimination. You should give our offices a call or e-mail me directly so that we can ask you some questions to determine how much you are entitled to recover.

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Answered on 12/23/07, 1:26 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: unfair workplace

You asked about reverse age discrimination.

I'm not certain what you mean by that as it does not exist (please don't post a follow-up).

A company may, and in some cases must, shift work assignments to compensate for the the abilities and capabilities of employee skill and work levels. First off this is based on simple business need. The most efficient workers are more valuable at the jobs requiring the quickest, while more skilled persons are more valuable at positions requiring greater knowledge or thoroughness. If you're complaining about being given an adverse assignment because you are younger and more able to work quickly, well, just wait as that will change and you too should hope to benefit from the swing of the pendulum.

In my opinion, you have no basis on which to sue, but don't let that stop you. And you are always free to leave your employer at any time. But you won't win a claim for unemployment insurance. You may be able to make a case to your employer for a pay increase.

Regards,

Roger

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Answered on 12/23/07, 3:05 pm


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