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Can I sue for discrimination?

Los Angeles, CA |

Ok, I work for Taco Bell. And I was a General Manager. We get "inspections" that see how the store is running. They are called "CORE's". So it was my day off when we got the inspection at the store. I got a 68% which is failing. They took my bonus away and cut my pay 20%. Take in mind it was my day off. When I talked to my boss, he said that the responsibility falls on the General Manager. Now I'm an Assistant Manager. And I heard another store failed the CORE. So if they do not demote the other General Manager, can I sue, because I believe it's discrimination.

Attorney Answers 3

Posted

If you were treated differently from the other general manager based on your membership in some protected class--such as, race, gender, age, religion, etc.--then, you might have a claim, for discrimination, against your employer. Best of luck to you.

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Posted

Employers are allowed to treat their employees differently unless the reason for the different treatment is unlawful. Employers can play favorites, look the other way with some employees they like more than others, and fire one employee and give a verbal warning to another for the exact same conduct. Only if the reason for the different treatment is because you are a member of a protected class of people or because you had engaged in legally-protected conduct would there be a potential case for unlawful discrimination.

In short, discrimination is not unlawful. Most forms of discrimination never give rise to a claim. Only a very narrow kind of discrimination is unlawful.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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3 comments

Asker

Posted

I understand. I was not even the manger in charge. It was my day off. Plus, this company is already being sued for discrimination of another GM that was fired. I've never been demoted in my life. It's humiliating and as my boss told me, " The responsibility falls on the GM ". So if they do not demote or fire this other GM, it's really fishy. Another thing. If I get the inspection and I'm the manager in charge (they relocated me to another store which should be receiving inspection soon), and they fire me. Can I sue. Because when they demoted me, they didn't even mention the manager in charge of being in any trouble. He didn't get demoted or any pay cut.

Neil Pedersen

Neil Pedersen

Posted

Nothing you have added changes my response. Sorry.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

I think you missed Mr Pedersen's point--if you can prove the demotion was because of your race, your religion, your sexual orientation or because of your membership in some other protected class of people, you MAY be able to win some kind of suit. Its not really fishy if they treated you differently from another GM--the very best managers treat employees differently as each has different performance capabilities, histories, backgrounds, and circumstances.

Posted

Mr Pedersen's answer is spot on. Many people use the term "discrimination" in a way the law does not mean it. Discrimination is only *illegal* if it is based on what is called a protected characteristic (race, age, sex, or disability, among others) or a protected act (complaining about something *illegal*).

You don't say in your post why you "believe it's discrimination." Your belief isn't enough to make a case. Nor is it enough to demonstrate that you have a protected characteristic different than the other manager. There may be many reasons why you were demoted and the other person wasn't. The protected characteristic may give you an indication that illegal discrimination is going on, but it wouldn't be proof of it.

I hope this information is helpful to you.

Sincerely,
Craig T. Byrnes
www.ctblawfirm.com

Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.

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