Legal Question in Employment Law in Virginia

Employee rights/discrimination
I work for a major defense contractor. My boss quit and the company decided not to replace him. I am fortunate that they are creating a job for me however, they told me I have to change my hours (currently work 6 am to 3 pm.they now want me to work until 6 p.m. or 7 p.m.). This is difficult since I take care of my 86 year old mother (I told them this. I am her sole care giver). I have 14.5 years of seniority with the company and am the only employee being asked (out of over 300 being affected) to change their entire life style.It will cost a lot more money to drive to/from work in rush hour. and is stressful for my mom. In October, I had an issue with an employee that I supervise. She wasn't doing her job, was back talking and treating me with no respect. Our HR representative came to give her a performance improvement plan. Instead she said in front of the problem employee and a second representative from HR that old people can't communticate with young people. After making the comment 3 times, she looked at me and said ''I bet you think I am talking about you''. The employee was 40, I am 58. Is this a case of age discrimination? And is it happening again by asking only me to change my hours and life?

Asked on 5/25/09, 7:17 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Employee rights/discrimination

I would doubt that what you've described would add up to a legally viable ADEA claim based only upon these facts.

Answered on 5/28/09, 9:57 am

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