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Age discrimination?

Los Angeles, CA |

i work for my step father at a restaurant and my 13 yr old daughter works there too..i told my step father i didnt want my kid working anymore because she is too young and is falling behind in step fathers response was.." if she cant work here because she is too young, then you (me) cant work here because you are too old"

Attorney Answers 6

  1. Oh, please. This is not a sound factual basis for a lawsuit. Can you really contemplate drawing on the resources of the legal system over this trivia?

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  2. What action did your step father take against you after saying that?

  3. First, you must be at least 40 years old to be covered by age discrimination statutes.

    Second, if you are covered by age discrimination statutes, one comment of this nature probably does not rise to actionable conduct.

    Third, your post does not describe what, if any, adverse employment action was taken against you.

  4. This can get really ugly when you are dealing with family matters. The comment made to you is not appropriate. If he tells you that you are fired because you are too old and then fires you that may be a different story. It's too soon to say you have a case at this time. Always better to have peace with the family if that's possible.

    Best of luck

  5. If he actually fired you BECAUSE of your age (over 40), that is unlawful age discrimination. Did he say it in jest or is he serious? If he has stated more age-related comments or shown similar ageism, you may be in a workplace where the harassment due to age is pervasive and you may have a case for unlawful harassment IF it is pervasive. In addition, there are laws regarding the employment of young people which require completion of documents from his/her school, etc. You may want to find out more about those laws and advise your employer if he is violating those laws.

  6. I agree with my colleagues McCall and Johnson who hit the nail on the head. We, as attorneys, have a duty to ethically bring only meritorious cases before the court. Despite the many jokes and characters of the media, we try to bring "real" cases that have serious merit and consequence.

    Your little spat with step-father seems rather frivelous (just based on the sparse facts given). For example, how many people in anger shout "I'm going to kill you!" to their spouse or loved ones? Can the government bring an attempted murder or conspiracy charge based on that? Of course not.

    The other attorneys also made valid comments. What actions were taken and is there a history of verbal display of discrimination and action taken against employees or interviewees regards to their age or race?

    Lots of issues to take seriously. The legal system is not a joke.

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