Fontana, CA asked in Employment Law, Elder Law and Employment Discrimination for California

Q: My boss hired her babysitter with a high starting rate, and she let go 3 older than 40yrs old staff in our dept.

Can I file a complaint? If so, with who? i am under high stress working under her and the current situation isnt helping. HR knows and allowed it all to happen.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: To start with, there is nothing unlawful about an employer hiring a friend or other person who the employer favors. Nepotism is alive and well in the workplace.

If you were not one of the older persons over 40 years old who were laid off, you have no standing to file a complaint. One of those people would have to complain, and they would have to prove it was their age over 40 years old that caused them to be terminated, and not some other business reason.

It is not unlawful to place you under highly stressful conditions. Unless you can prove you have been subjected to that extreme stress because of your membership in a protected class of people or because you engaged in some form of legally protected conduct, you will likely not have recourse.

Good luck to you.

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