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Old 03-13-2015, 11:54 PM
 
127 posts, read 207,958 times
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I know a veteran who is a senior and he hasn't been given a raise at his job in four years. He had mentioned it to a co-worker, and one of his supervisors got wind of it and reprimanded him for saying something. Is this age discrimination? Should he file a complaint with DFHE or contact an employment lawyer? Also, he had a work comp injury with them a while back and there was an agreement to have a certain type of position for him, which they have not been fully complying with. He didn't use a lawyer for the work comp. Any advice? Thx.
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Old 03-14-2015, 03:03 PM
 
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There's lots of age discrimination suits that are filed- but i don't think that not getting a raise would count as a justifiable discrimination. It's usually about getting fired- or not being hired at all. But if you want to know for sure you should contact an attorney who focuses in age discrimination. Workers comp info would be a different type of attorney- what do you mean about a certain type of position? Like he is not able to perform the job they gave him?
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Old 03-14-2015, 08:12 PM
 
Location: Living rent free in your head
42,767 posts, read 26,060,801 times
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Quote:
Originally Posted by junie136 View Post
I know a veteran who is a senior and he hasn't been given a raise at his job in four years. He had mentioned it to a co-worker, and one of his supervisors got wind of it and reprimanded him for saying something. Is this age discrimination? Should he file a complaint with DFHE or contact an employment lawyer? Also, he had a work comp injury with them a while back and there was an agreement to have a certain type of position for him, which they have not been fully complying with. He didn't use a lawyer for the work comp. Any advice? Thx.
Most companies have a written policy forbidding you from talking about your salary to co-workers, but if all that happened was a reprimand I don't think he could do much even if they didn't have a written policy. I don't see any evidence of age discrimination unless everyone but him got pay raises and he can prove he didn't get one because of his age.

Was the agreement to give him a certain position in writing? If not there is probably no way to enforce it, but if the worker's comp case still open he might want to talk to an attorney and get the job offer in writing.
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Old 03-16-2015, 10:07 PM
 
127 posts, read 207,958 times
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Quote:
Originally Posted by 2sleepy View Post
Most companies have a written policy forbidding you from talking about your salary to co-workers, but if all that happened was a reprimand I don't think he could do much even if they didn't have a written policy. I don't see any evidence of age discrimination unless everyone but him got pay raises and he can prove he didn't get one because of his age.

Was the agreement to give him a certain position in writing? If not there is probably no way to enforce it, but if the worker's comp case still open he might want to talk to an attorney and get the job offer in writing.
Yes, the agreement was in writing. And everyone else has gotten raises except for him, and they're all younger.

Last edited by junie136; 03-16-2015 at 10:08 PM.. Reason: spelling
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Old 03-16-2015, 10:16 PM
 
Location: Living rent free in your head
42,767 posts, read 26,060,801 times
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Quote:
Originally Posted by junie136 View Post
Yes, the agreement was in writing. And everyone else has gotten raises except for him, and they're all younger.
Most communities have free or sliding scale legal assistance for senior citizens, maybe you could research that and have him get in touch with an attorney? If the comp settlement was part of a formal agreement that was filed with the WCAB I think any attorney would be delighted to get it reopened and get a different settlement based on the employer not living up to their agreement that they would give him a job accommodating his injury.
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Old 03-18-2015, 11:01 PM
 
127 posts, read 207,958 times
Reputation: 110
Quote:
Originally Posted by 2sleepy View Post
Most communities have free or sliding scale legal assistance for senior citizens, maybe you could research that and have him get in touch with an attorney? If the comp settlement was part of a formal agreement that was filed with the WCAB I think any attorney would be delighted to get it reopened and get a different settlement based on the employer not living up to their agreement that they would give him a job accommodating his injury.
Thanks for the advice, that's awesome.
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