Work Discrimination

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Work Discrimination

Constantly being blamed for things I did not do. Having jobs that I am
assigned to taken away by a person not even in my office. Have been a loyal
employee for going on 14 years. Company is not consistent in anything at this
time. I am the only person asked to hold my paycheck all the time for 5 days
from the date it comes out. Told that the reason I have it held is because I
am in Administration and am not a teacher or counselor so therefore they should
be paid first. Constantly being told to do things that are not in my job
description. I put over a hundred miles or more a week using my car running
errands and picking up clients again not in my job description. I am in the
accounting field. All I am getting is 20 every other week for gas and I have
to ask for that. I am being asked to lie about issues that are happening in the
office. I am 67 years old and have no issues at all. Here lately, I have been
lied to about things. Feeling very uncomfortable at this time. I know that
the company knows that I know about things they wouldn’t want out. I just
can’t keep taking the sly off the wall remarks and being treated the way I am.
What recourse do I have in this case.

Asked on May 25, 2017 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF you believe (and, as a practical matter, believe you can prove) that the negative treatement you are experiencing is directed against you becasue of your age, then this may be illegal age-based discrimination: an employer cannot treat an employee differently or worse because he or she is over 40. A significant factor in establishing this would be the age of other employees: if the other staff is less than 40, so that only the one, over-40 person is treated this way, this may be age discrimination. Or if there are other over-40 employees and they, too, are being treated badly, again, this may be discrimination. But if there are other over-40 employees and they are treated fine, so that you are not treated worse than other older staff, then this is probably *not* illegal age-based discrimination, since if age is not a factor (other older employees not treated badly), it is probably simply negative treatment directed at you as a person (i.e. directed at you personally), rather than directed at you due to your age. And that would be legal: the law does NOT require employers to treat employees fairly or well; it does state that you cannot discriminate against them due to certain specifically defined reasons (like age over 40).
If you do believe that you are being treated this way due to your age and not, say, personal dislike by a manager, then contract the federal EEOC to discuss filing a discrimination complaint.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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