Age Discrimination Law Explained by an Employment Lawyer
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- Опубліковано 24 лип 2017
- California's age discrimination laws protect employees over the age of 40. This video explains all the important details regarding CA's employment laws regarding age. Please subscribe to Branigan's channel!
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers. Visit his website at: brobertsonlaw.com
Other ways to find me:
Twitter: / braniganlaw
Facebook: / caemploymentlawyer
#AgeDiscrimination #Job #CaliforniaLaw
All kinds of discrimination exists in hiring and it is always very subtle that you will not even know about it yet alone could you prove it.
Well said Sir. God bless you for this educative video.
Yes, extremely helpful
I was going through the phased out for 2 years where I worked. I worked for a company for 28 years and the last 3 years were horrible. I was harassed by 2 bosses, when my health was going bad due to the stress of it, I went to the EEOC to file a complaint. That took almost a year to come up with results of my complaint. I got a copy of my personal file and copy of my EEOC file with a letter stating that I have if right to sue the company. Like you talk about in your video, I had to think about "is it worth it to sue" (the money, the losses, the time spent etc). I decided to resign and leave. My resignation letter stated why I was leaving.
This is a very good video ♥️
If I may ask...Was it a copy of your employee or health file?I’m waiting for my EEOC appointment coming up soon.
@@espianmashias9565 - I have a copy of my employment file. This file has documents from my first to me last day 28 years later. Every HR department will have a personnel (employment) file on each employee. If you can, request every 6 month a copy of that file.
Good luck with your EEOC appointment, these appointments are so helpful and you will get good guidance from it. ♥️
@@elizabeth981 i so appreciate your information. I’m now planning to walk into HR to turn in my constructive resignation letter along with my keys and request a copy of my file. Thank you again.🙏🏼
@@espianmashias9565 - I want to give you a suggestion before you hand in your resignation letter, get the file first before leaving your company. Sometimes it will take a few hours to a couple of days to take a personnel file and if you don't trust your HR, they can lie to you about all of things. So, FIRST! get copy of the personnel file ❤️
To let you know, after my appointment with the EEOC (4hrs long), months later, I received information that there was an email going around with my supervisor and 3 senior managers (out of 5 senior managers) spreading gossip about me (talking behind my back) and I got a copy of those letters. Gossip is a huge discrimination in the workplace, it's a silent killer of a career of the targeted employee. Therefore, EEOC gave me a letter to sue, BUT I am not a "protected class" so to sue the company I worked for, I had to do that on my own (financially, getting a lawyer, courts schedule etc)
Which reminds me, if you want to sue the company GET AN EMPLOYMENT LAWYER/ATTORNEY!!!! That fact took me a very long time to figure out. Don't just see an name of any old attorney, you need EMPLOYMENT ATTORNEY!
Good luck and keep me posted on what happens next 💪♥️💪♥️💪♥️💪
@@elizabeth981 Wow....4 hours😱. I have spoken to a medical malpractice lawyer who’s been practicing for 30 years. He has high ratings and sounds very strong with his words. He impressed me immediately, but I will consult with an employment lawyer and compare. Again Thank you millions for your valuable info. Good luck! No one should be treated so bad at their work place. So so wrong!
So long as the company isn't stupid enough to leave verbal/textural evidence, there is no case. Am I right?
Good point 👉
My husband work for a pellet company that is now not hired any under 30 my husband was 60 and the co worker just came out and said that they moved him off a line because they were wanting ppl how are youger ,
Of course I'm in an 'at will' state, but that still doesn't mean they can get away with illegal practices. Unfortunately, it happens and they use that 'at will' comment hoping to dissuade someone from filing. A few years ago I was told by the (36 something) sales manager that I wouldn't want to work for him since sales had "...changed a lot from what you used to sell on the street corner"....ha ha ha. Had a witness, but I chose to take it as a joke. Then their (very attractive) VPs (a 29/30 something) was extolling the virtues of a new hire she was bringing on....."oh she's smart, and knowledgeable, and fun, and young...." Young? So, when every VP they promote and hire is under the age of 40, yeah.....there's an issue.
Thanks for the informative video. Does market adjustment that excludes older workers fall into age discrimination?
God bless you sir.
In most cases in most state age discrimination is perfectly legal. When I was in my mid 50’s i decided to go back to work. After filling out about 100 applications and not getting a response I decided to go to truck driving school because the media kept saying there was such a shortage. The first school I went to told me they wouldn’t take my money because there was no way anyone would ever hire me. Fortunately there are companies out there that are willing to give anyone a chance regardless of how many boxes you check. They are just really hard to find
Can you do one on Ageism against young employees in a management position?
Unfortunately, ageism against young employees (under 40) is legal. I don't know of any laws that protect "younger" workers.
I'm 51 and i live in Los Angeles, California. I work in IT and have been for almost 30 years. Are employment agencies bound by the laws here in Califonria?
Branigan, I am facing hostile work environment right now after getting reinstated, as they were forced to take me back. I have heard many people within my department tell me I should retire. I was told that a state (public) institution are e exempt from punitive damages? Or does one have to file lawsuits against individuals who are violating the law?
Textbook definition of workplace retaliation.
@@markarca6360, some attorneys have said that there are 2 causes of action 1) disparity in salary 2) non payment of judgment. An attorney will have to file a case in superior court of Northern California. As a tenured social work professor I would like case law to be changed such that no one has to go through so much of abuse for 17 years.
Do you have a vid on PA anti age discrimination
i am facing this as i have to work 3 jobs as my main job forces me to be employed for no pay which i have no interest in. My other 2 jobs pay the bills. Why am i forced to keep a job that pays nothing?
Also the company try to retire, resign via work comp. It's a huge trap.
And they force you to sign a waiver stating that they cannot be held accountable in any manner.
I think I am not getting hired after being told to “ come in and fill out the paperwork”. And after doing training Shadowing 2 weeks.
The day came to fill out the w4 etc. in this meeting she said,
Other staff want more clients( children in early intervention) so it could be a couple months until the existing staff is full and I have children for you.”
I told her fine and I could wait. She paid me hourly rate for the training/ shadowing, but now, no response to my emails. I am 66. Her staff is in 30s , 40’s maybe 50.
She had agreed to hourly, set the time to do paperwork and indicated there would be children for me in a few MONTHS. This had not been said and I believe an excuse.
If she hired another before me. I wasn’t actually hired, but let shadow and learn the job and left believing I would hire in now, only to be told no, few months. I am very sure this is about my age. I am completely qualified, BA in correct field and over 20 years experience, and currently working in related field in child care. :(
It sounds like this only helps after you are hired and not when told you are hired , then long months delay, that sounds like they are waiting for me to just give up. So unfair! So clear!
👍
yes i face this daily and the one job doesnt pay any money. they harass me on a daily basis and i am over the age you mention here. I am leaving the field as never watn to go go back due to such hate crimes and discrimination i am facing. Its daily / hourly/ every minute. I never want to go back there
i just want my back pay they have not paid me for and want them to stop sending theri boy kids to live by me to do hate crimes and harassment against me. This happens daily, they block me from living the my life . Mine is beyond extreme they are blocking me from getting the job in a company that pays money, they dont pay me but try to force me to do dumb dumb tasks
i took huge paycut and they force me to sit homeand not payme a penny
I called a lawyer to bring a case against UPS.
Find the Right Attorney for Your Case Can Seem Impossible. If you or someone you know has been seriously injured by the negligence of another person, or if you are facing employment law or age discrimination lawyer, you need to speak to an attorney today. At the Marcarian Law Firm, we are ready to investigate your case today.
I'm not gonna tell names but I applied at a restaurant and they would give me interview times when the manager wasn't even there.Im 31 years old and with inflation I decided to work extra and I found out most workers are between the age of teenager to 21.They never called me back or gave me a real interview even though I applied at all the locations in town
Dallas
They do it in a more indirect way. They dont say ot os because of age, they concocr other reasons
At my gym and at my job I have been harassed. The women talk about their mom. It’s really awful!! I was wondering what you would do if you were being bullied and harassed by your coworkers and gym members? Also, at fifty I feel like I’m being targeted more than when I turned forty. I believe that Americans aging are treated like crap and disrespected more these days.
I know that for a fact.
Don't worry they will soon age out of their current positions too. So.. Karma will bite them hard.
F’em don’t let them push you out. Always leave on your own terms. I work with a bunch of twenty year olds.. Doesn’t bother me.. The men/ boys still try to hit on me. Weird days what can you say? If the girls think of me as a Mom figure that’s fine too I think of all of them as children. Basically, if they are decent I’m warm and loving if they are wicked treat them like the little shits they are…
O-CON'-o-mo-woc- I used to live there.
Job related skills, experience, motivation, social skills - age has nothing to do with any of them
I have been looking for job and they interview and interview but after last interview they come back with excuse that you might not be good fit in the team culture and they are young
In Italy you are out of the market at the age of 30.
😔
Your kidding!
@@ltcajh unfortunately no, i'm an international Recruiter
If you can't stand the harrassment anymore and you have to quit -- instead of waiting for them to fire you -- can you still win the case?
Yes, but damages may be impacted. In some situations it is still worth pursuing the case when the employee quit. But that is the exception rather than the rule.
@@braniganrobertsonlaw Thank you, sir.
the biggest mistake is when you quit, you are doing a favor to the ofender. I have seen very smart people doing this big mistake.
@@supermelodia offender
The laws were changed in favor of corporations. Get in range and make a difference.
Laid-off over false harassment accusation by a junior female staff that didn;t like being reprimanded for not informing the project manager (me) of the work she was doing on the project behind my back, almost wasting clients funds. I was laid off, I'm 57, now no one will hire or advocate for me. I'm about to lose my home. All because of a woke LIE.
What can you expect from modern women?
What if the person looks old like darth sidious, due to excessive smoking.
Do I have the right to discriminate.
What if you are Dark Sidious?? Can we have you fired for discrimination. You are a disgrace in the field.
Companies just can't treat their employees right regardless of their ages.
This is why I’m tired of hearing about “racism” and “sexism.” Ageism is absolutely a huge thing and not necessarily against “old” folks. I’m 56 and worked as a mechanical engineer for over 22 years. I got “let go” with a nice severance package in 2020 and have yet to get back into a job. I’ve have several interview but no dice. If employers can smell you’re over 50 you’re screwed. They of course won’t say it; but yes, you’re screwed. I’m willing to take less money but it doesn’t matter.
That sux! I'm 59 and having a hard time even finding a simple job.
Goddam yanks you lost
Good luck proving discrimination.
Really pretty fucked that you can't get fired for being too old but you can if you are young.
No.. You young ones try & get fired to get unemployment. Plus you rude af.