Legal Question in Employment Law in California

Demotion and age discrimination

I was told that I had two choices, take a significant demotion from my management position to stock person with pay cut or be laid off. The reason stated was too much mangement payroll costs. Two days later they demoted the general manager also.

One week later both of us are replaced by younger employees performing our specific jobs, even though they don't officially have our old job titles.

When I questioned HR about the decision to demote me, I was told it was based upon my performance. When I specifically asked where the documentation was she told me that they didn't have any that it was all verbal. This is not true.

At this point I am sure that they will concoct some reason to fire me, since I am stirring the pot.

I have filed a complaint with the EEOC but what is the next step?

Asked on 7/09/08, 2:03 pm

1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Demotion and age discrimination

Hello. You are right - it is possible that you have an age discrimination claim, but proving requires establishing several factual elements as well as their sequence.

You should file a claim with DFEH (California Department of Fair Employment and Housing) rather than EEOC as the federal route is much more complicated and convoluted. This is a prerequisite to filing a lawsuit, because in California you must exhaust your administrative remedies before filing action in court.

I am in your area, so if you would like to discuss this further, feel free to contact me.


Arkady Itkin

California Employment Attorney

San Francisco / Sacramento / San Jose

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Answered on 7/09/08, 3:25 pm

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