Can I make a case in court on this job related incident?

Question

I have been doing tree work for along time! a guy higher up than me quit and my supervisor put me at his spot! I have been doing this crew leader job for more than 4 months and now all of a sudden my supervisor is going to let that man come back and is telling me that im not qualified for the job, but he sure did't mind me working that for the past 4 months if he did't feel like i was qualified why did't he take me of of it earlier, im only 21 and most of the crewleaders are 30's + my supervisor talks down to me like im a little kid and treats me worse than others cause im young, i have just as much knowledge if not more than the other crewleaders, its not fair to kick me to the curve just because im young!!! i don't act imature and i don't want to be treated like i am.

please help

Answer 1

Unfortunately, being young is not a protected category for an employment discrimination claim. In most states, employment is at-will. As such, while you may have been treated poorly, it is within your employer's rights to temporarily promote you to a crew leader spot then put someone else in charge at a later time if he feels they are more qualified.

Answer 2

He's the employer so he can move employees to any position he chooses, although his tactics are not honorable, I don't believe you have much of a case. Since you have experience, I'd apply at other companies and find another job, give this guy two weeks notice (to keep your record clean) and let him find someone else to work under him.

AFTER you leave and are established in your new job, send him a letter, keep it civil and polite, and tell him how offended you were by the way he treated you. Tell him you wish him well but you want to work for someone who is fair to all their employees and that you want to be treated with respect and not talked down to and let him know you found it hard to respect him because of his actions. Maybe he will learn something from it and change his ways. If not, you aren't there to put up with it anymore so it's not your problem :)

Wishing you well

Answer 3

Do you really believe that an employer would rehire a former crew leader - who previously quit - and demote you solely because our your age? There is a difference between age and experience, not to mention factors of ability and leadership. Do not be so self-absorbed into believing that your employer rated your four-month performance as crew leader solely based on chonological age. If you were just as effective, why take someone back who quit on him previously?

There is another way to look at the situation: Be thankful that your employer gave you the opportunity to lead, albeit for a short time. Now, you have that to put on your resume, and if you have not burned bridges, you can ask your current employer for a letter of recommendation if a crew leader position becomes available with another company/outfit.

Answer 4

This depends was your job title change to that of a supervisor?Was your pay adjusted or changed? What I am getting at is there any paper work linking you to the supervisory position or was the company considering you a fill in for a time until someone who possessed the skills,education and experience for the job?
Verbal communication may not be enough but if you have evidence that you were getting paid and was moved into the position full time then I think you have a case but without any type of paper work it would be hard to prove in a court of law.
However it doesn't cost anything to talk to lawyer to see if you have a case.

Answer 5

If you are going to plead age discrimination, you might as well stop right now. The age discrimination laws enacted do not protect anyone under the age of 40. I am sorry that you feel that you are being discriminated because of your age.

Rick (the first to answer) has a good point. Definately, start your own business since you have the knowledge and the experience. It certainly is a viable option to consider.

Answer 6

You probably won't consider this helpful, because I would suggest you don't have a court case here. Many employment law issues would be handled by state courts, and it may depend on the state you are in, but courts don't get involved in private business decisions. In matters of age, gender, religious and race discrimination, there is the federal Equal Employment Opportunity mechanism, but your case does not fall into any of these categories, including age.

One good feature of our employment law is the general principle of employment at will. You can quit whenever you want, for any reason, and you can get fired on the same terms.

My suggestion: quit.

Answer 7

Well, without much doubt, your supervisor took advantage of you, used you to his advantage, and now has decided to take away any advances he gave you. I would agree that it sucks, but sad to say, such arrogance on the part of the employer doesn't give you any winnable court case. All it does is point out to you that you're working for a genuine A**hole.

I'd start looking for a different employer as soon as possible.

Answer 8

Why does everyone think they have a court case cause someone didn't show them the proper respect? Here is a suggestion, instead of sitting at home trying to make a federal case out of this, why dont you exercise your freedom and take all those years of experience to work for the guys competitor. If he is such an *** maybe all your co-workers will leave with you and the guy will be out of business.

Best of luck in life blaming everyone else for you problems.

Answer 9

Not sure why you think this is actionable. You filled in for a job for a while, now he is putting someone else in it. That's his perogative.

Sounds like you should start your own tree service business where you can be the boss!

Good Luck.

Answer 10

sounds like discrimination to me. you may have a good case but you really need to talk to an attorney.