Legal Question in Employment Law in California

unfair ?

after a cold and impersonal liquidation of a division within a large company, I feel as though I have been discriminated against and have been delt unfair labor practices.

The director of operations and his two equal assistants were given their termination packages at the same time. each had been caught offgaurd by the immediate shut down of their division.

During the cleanout of our offices, only for personal items, one of the assistants had been approached by a close friend within the company. He heads up a simular division, but is not facing any layoffs. as it turns out, he uses his authority to transfer this assistant to his department to avoid termination. I fel discriminated because not only are they of the same ethnic group (Aferican -american)but they are both male. I am one of the few female managers within the company.

If there is a job opening, shouldnt I have a chance to interveiw for it ?

It is no secret that I have been the stronger of the two assistants in all fasets. We both have been with the company for the same amount of time , 10 + years


Asked on 5/06/06, 10:16 am

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: unfair ?

CONFIDENTIAL COMMUNICATION

You might have a case for discrimination -- these are difficult cases to prove because they occur in the context of a reduction in force, which is a legal reason for terminating employees, but you should have the same rights as others to apply for other vacant positions -- there might be some way of developing the record before filing a lawsuit -- and you should consult with an attorney immediately. (Many of us do not charge for consultations.)

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Answered on 5/16/06, 5:06 pm
Terry A. Nelson Nelson & Lawless

Re: unfair ?

IF you can show somehow that this was gender or racial discrimination, you could make a claim. Such cases are tough to prove when large scale changes are occuring at companies. If you think you can, feel free to contact me to discuss. I have been doing this kind of case for twenty years.

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Answered on 5/16/06, 6:14 pm


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