Legal Question in Discrimination Law in California

I have worked for sears over 2 years. A mananger position opened in the department ive worked in since starting. 3 other people in the store applied for the position (all worked less at the company than myself) and they all got interviewed. im 18 and feel thats why i wasnt looked at for the job. do i have a case?


Asked on 9/21/10, 11:05 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. Not if you are asking about 'age discrimination'. That applies only to protect older workers over 40.

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the minimum wage laws, and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 9/27/10, 11:25 am


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