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Employment Law/Retaliation - Removal from my security work post


I had been employed by a security guard company since Oct. 2012 to June 2013. In May 2013, I had to file for food stamp assistance, since the company I worked for only paid me $8.50 per hour and had me working 23 hours per week. I had asked for additional hours each week, but was never given any. After paying a partial on my space rent, cable/Internet and cell phone bill, I barely had any money for food. My other bills never got paid. I had used all the food that was in my freezer. I now have bill collectors calling me everyday!

I was told by a San Bernardino county DPSS intake worker that anyone who filed for food stamp assistance is also "required" to file for unemployment benefits. I told him that when my company got the papers from EDD, that I would get in trouble. That's what happened. My then supervisor called me on the phone [6-25-2013; 2:35pm]from her company cell phone and harassed me over the phone. She accused me of filing a "false" claim for unemployment and as a result, she retaliated by taking my one day of work [Sunday] away from me. She told me that since I had filed the EDD paperwork, she couldn't let me work any "security" posts until the 'investigation' was over. I tried to tell her 3x, that I was only doing what I was told by DPSS. She told me that she wasn't going to 'argue' with me about it and hung up on me.

My last day of work for this company was June 23, 2013. Since this company had me working strictly part-time and at a low wage, my financial situation has been in dire straits! My former supervisor also knows that because of my age, I'll have a hard time finding another job. I've reported this action of hers to the EDD, but they don't seem to care. I'm also going to file a retaliation complaint with the California Dept. of Labor. I'm curious to know what you think about this entire situation.  Thanks for your time.

If I were you I would file an "age discrimination" case with the EEOC division of the Department of Labor and definately you should be allowed to draw unemployment.

I would also find an attorney that will give a free consultation and take a case on contingency (he gets paid when you get money from the lawsuit he geta a percentage). I would file a lawsuit against the company for "Age discrimination", "Harrassement", and "Retaliation".

Prohibited Employment Policies/Practices

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The law forbids discrimination in every aspect of employment.

The laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the business. The laws enforced by EEOC also prohibit an employer from using neutral employment policies and practices that have a disproportionately negative impact on applicants or employees age 40 or older, if the policies or practices at issue are not based on a reasonable factor other than age.

Here is How you file a case with the EEOC

You can file a claim in person at the nearest agency, by phone or by mail. All the information is on the above EEOC website.

No one should be treated this way it is not right.


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Shirley McAllister, CPP, PHR


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).


30 years in Payroll and Human Resources

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

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

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