Robert Kapitan
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Answers Posted By Robert Kapitan
Answer to What if they hire a younger person to take my job and want to transfer me to a different job.
Based on what you wrote, yes, it is age discrimination. A transfer to a different position, particularly accompanied by a reduction in salary is an adverse employment action. Typically, tying that to your age is difficult to prove, but you appear to have direct evidence. I strongly encourage you to contact a lawyer listed on this site to discuss your case.Robert Kapitan
posted Mar 30, 2011 05:54 AM [EST]
Answer to Can employer set up an escrow account for all employees that they are entilted to.
Earned wages cannot be withheld upon termination of employment, which would include wages, bonuses and commissions. What you described sounds more like an incentive payment for providing notice before you leave. That sounds perfectly legal. The manner in which the money is set aside, escrow versus regular company assets, will not make a difference. And I do not believe that failure to make a payment upon involuntary termination would be unlawful.posted Feb 25, 2011 09:02 AM [EST]
Answer to salaried but paid hourly?
Bridget,Without more information its difficult to say, for certain, whether you are exempt. Based on the fact that you are salaried and management, you would probably be classified as exempt from the overtime provisions of the overtime laws. However, the fact that you were docked pay may mean you that your employer changed your status to that of non-exempt and now has to pay you overtime. I encourage you to contact an attorney to discuss it further. I would be happy to talk to you about potential claims.
Rob Kapitan
posted Feb 23, 2011 6:22 PM [EST]
Answer to Recently fired.
Whether your termination was illegal retaliation depends upon what you mean by "the way my direct supervisor has been addressing me." If your supervisor was addressing you in a discriminatory or harassing manner motivated by your inclusion in a protected class, then yes, it could be illegal. For instance, if the supervisor was using derogatory terms related to your age, gender, race, etc then it is retaliation and you would have a separate claim for discrimination or harassment.But, if your supervisor simply did not like you or your job performance, then your termination would not be unlawful retaliation since Ohio is an at-will employment state.
posted Jun 30, 2010 10:43 AM [EST]
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