Q: My supervisor constantly gives me the physically harder jobs ( compared to younger males, I am female and the oldest
Person in my section , disrupts the rhythm of the work by constantly moving people in and out of area for no reason , and has witheld my paycheck willfully for several pay periods. My union will not help me can I sue both company and union
A:
If you can prove this is happening to you because you are a female, or because of your age (assuming you are over 40), then you would have an unlawful discrimination and harassment case. Otherwise, there is nothing unlawful about an employer treating employees differently in the workplace.
Willfully withholding paychecks violates the Labor Code but there are only small penalties associated with that so it may not be worth a separate action about it.
Suing the union would be a non-starter. If you can prove the unlawful motive described above you could sue your employer.
Good luck to you.
A:
You may have claims for age and gender discrimination. (Age discrimination protections only apply to people over 40 years old.)
Evidence of hostility to those protected classes can be comments made by your supervisor or unequal or preferential work assignments.
As for your late payments, you will have claims penalties under the labor code. If it is only you that get paid late, it may be further evidence of discrimination. If the late payments are wide spread, there may be grounds for a Private Attorney General Action or a class action.
You should speak with an employment lawyer about the specific facts of your case off line to protect the attorney client privilege. Most employment lawyers provide free consultations.
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