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Employment Law/Wrongful termination or age discrimination?

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Question
Hello,

My name is Glennis Smith. I was employed with a restaurant chain in 2002. My job title was server + server crew leader. My pay rate at time of hire was $3.50 hr + tips.  My pay rate at time of termination was $2.13 hr. I was terminated on June 12, 2013 and management refused to provide any reason for the termination.

I'm a white female in my early 6o's. I have no physical or mental disabilities. The restaurant chain was sold to another company earlier this year. The general manager a white male has made statements to me, other managers and employees stating "wants to get rid of old ones". To my knowledge there were 3 other females over 40 who were also terminated before me.

I'd never had any write ups, customer complaints, no unexcused absenteeism and no formal employee performance reviews. After the change in ownership the manager appointed another crew leader who is under 40 closer to mid 20's (white female) with no training. Training had been a previous requirement before becoming crew leader. The new crew leader is reported to be the general manager's "girlfriend".

The general manager informed both of us the company was longer paying the crew leader rate of $3.50. However, another manager and the newly appointed crew leader both acknowledged she was receiving the $3.50 hr rate While I was reduced to the rate of $2.13 hr still with job description of crew leader.

When the general manager learned I was inquiring about the difference in pay rate he informed the new crew leader, management and other employees of his intent to terminate me. He also in the presence of witnesses referred to me as "old bitch" and "floor whore".

I've been denied a written notice of separation. A former manager whom I worked with at another restaurant has offered me a position at the current store he is managing. I'm in the process of preparing an EEOC complaint. Any guidance on the most appropriate way to move forward is greatly appreciated.

Thanks,
Glennis

Answer
Glennis this is definately age discrimination. Was anything ever said in an email or written communication? If not do you have witness's that will verifiy the statements made which were age discriminatory? You definately need to file a complaint with eeoc, however, you need proof of the statements if at all possible or it will become a he said , she said situation and difficult to prove. The point that others over 40 were let go is a good one. Can you contact those others and perhaps all 3 go to the DOL with a common complaint (class action)?

This is not right and it needs to be dealt with by the EEOC and Department of Labor.

Your complaint should address the age discriminatory remarks, the pay rate change for no reason, the termination and hiring of a younger person to take your job when you did nothing wrong. Also the retaliation against you by terminating you because you were asking questions, this is retaliation.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

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I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

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30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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