The same job I was laid off of 2 days ago is posted again today with a different title? Can I sue?

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I was just laid off 2 days ago as a Payroll Master. They claim the job is not needed because the job is no longer needed. Today, the same job description is posted at my old company but the title is now changed to Accounting Manager. I was the only Chinese in the accounting department and I am over 40. My last two review has been excellent. I believe I was wrongfully terminated.

Attorney Answers

3
Michael Haber ·
While I think more information is needed to meaningfully respond to your posting, I think there are strong indications that you may well have the basis of a charge of discrimination. I strongly recommend that you consult with an attorney promptly. Good luck to you.
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Marilynnmika Spencer ·
The facts as you describe them sound suspicious and warrant looking into, but is not set up for the kind of in-depth analysis required. Generally, to prove discrimination on a protected basis (race, age, sex disability, religion, etc.), an individual has to show he or she: is a member of a protected group; suffered an adverse job consequence; and there is a relationship between the protected status and the adverse action. Of course, these days, no employer comes right out and says it's terminating someone's employment due to race, etc. so the individual claiming discrimination has to work to prove discrimination took place. One way to do this is to rule out every legitimate reason, at which point all that remain is an unlawful reason. So, for example, suppose the new payroll manager earns less money than you did. That might be enough to defeat a charge of discrimination because employers are allowed to make decisions based on cost, as long as those decision do not end up excluding or limiting members of a protected class. Employment law is incredibly complex. Establishing liability is the crux of the case. You will be far better off with an experienced employment attorney than you will be on your own. Fortunately, you live in a part of the state with some superb employment attorneys. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
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Meghan Hayes SlackEmployment / Labor AttorneyArlington, MA ·
You should contact a local employment lawyer about the specifics of your situation. If you have additional reason for believing that you may have been discriminated against based on your race, national origin or discrimination, you may have a decent claim of unlawful discrimination.
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