Discrimination in the workplace is a common occurrence, even in states like California, which has some of the most progressive employment laws in the nation. In particular, many people face age discrimination at work, but they are unaware of their rights and the legal actions they can take.
Age discrimination is illegal, and those who are receiving this from of treatment from their employer in Tulare and Visalia should contact an employment lawyer right away. As a victim, you have the right to file a workplace violation complaint and/or a discrimination lawsuit against your employer. Both of these actions come with many challenges, and the hurdles that stand in your way can be very difficult to overcome on your own.
Our legal team is available 24/7, and we are more than ready to fight for your rights and the compensation you deserve. With advice and guidance from a lawyer at California Labor Law Employment Attorneys Group, you can succeed in a workplace discrimination case and ensure that your employer does not get away with breaking the law.
Age Discrimination as Defined by the Law
Discriminating against an employee based on their age is illegal, since your age is a protected characteristic under both state and federal laws. Other protected categories include gender, race, religious beliefs, disability, political affiliations, and sexual orientation.
Acts that define age discrimination include harassment, demotion to a lower position, denial of work opportunities like bonuses and promotions, and wrongful termination. Being wrongfully terminated from your job is one of the most common violations by employers when they want to drive out someone that’s above a certain age.
Laws against age discrimination are put in place to protect you, but there is no guarantee that your employer will respect them and your right to be judged solely on your work performance. In some cases, they may be unaware that such laws exist, but this is not an excuse that absolves the employer of their legal obligations.
By working with a skilled employment lawyer, you can sue your employer for adverse employment actions based on age discrimination. Compensation from a successful claim may include lost wages, pain and suffering, value of lost work benefits, and other applicable damages.
Grounds for an Age Discrimination Lawsuit
In order to proceed with a claim for age discrimination, the following factors must be established:
- Your employer discriminated against you or is currently discriminating against you based on how old you are.
- The negative actions by your employer (bullying, harassment, denied work opportunities, etc.) must have taken place over an extended period of time. Thus, you will need to establish a pattern of repeated incidents, which you reported to your company’s HR department, supervisor, etc.
- In spite of your complaints, your employer did nothing or failed to take adequate measures to stop the discriminatory behavior.
- The actions or lack of action by your employer created a work environment that disrupted your ability to perform your job duties.
Collecting evidence and building a solid case for age discrimination is not easy, and there are many steps you need to take before you can go ahead with a lawsuit. Taking one misstep along the way can cause significant delays or result in your case being dismissed by the court system. This is why it’s in your best interest to contact a lawyer with experience in work discrimination complaints.
How do I File an Age Discrimination Lawsuit?
As we previously stated, age discrimination victims cannot just go ahead and file a lawsuit without taking certain actions that are required by law. Essentially, you must try to resolve the situation by other means that do not involve the court system.
Here is the process you should follow if your employer is subjecting you to discriminatory treatment based on your age:
- File a Complaint with Human Resources: this is the first step you should take, as it will establish a clear record of what is happening to you and your employer’s reaction to the complaint. It also shows that you tried to work with your employer to come up with a resolution, but little to nothing was done to improve the situation.
- Gather Evidence: if reporting the issue to HR doesn’t solve the problem, you can move on to filing a complaint with the appropriate state / federal agencies. Doing so requires evidence, like emails, texts, photographs, audio recordings, video footage, and statements from others at your job. An age discrimination lawyer in Visalia and Tulare can help you find evidence and put together a strong and compelling claim.
- File an Age Discrimination Claim: before you file a lawsuit, you must file an employment rights violation claim with the EEOC or the DFEH. After reviewing your claim, the agency will provide you with a Right to Sue notice if they believe there are circumstances that merit a lawsuit. This notice will allow you to sue your employer by petitioning the court system.
- Settle or Take Your Case to Trial: Once a lawsuit is filed, it’s more than likely that you and your employer will work out a fair compromise. Both sides should be represented by an attorney to ensure an even playing field for all the involved parties. If you and your employer cannot agree on the terms of a settlement, you can choose to ask for a court date.
Employment Lawyers in Tulare and Visalia
Age discrimination must not be tolerated, yet many victims have no idea how to proceed with a labor agency complaint or lawsuit. That’s why we encourage you to contact our law firm and speak with a member of our legal team
We specialize in cases involving age discrimination and other illegal acts by employers, and our record of recovered payments speaks for itself. Because we believe that legal services should be accessible to everyone, our lawyers accept cases on a contingency basis. At no point will you be asked to pay hourly fees or a retainer when you hire us for an age discrimination lawsuit. The only time we get paid is when you receive compensation, either from a settlement or court verdict. So, if don’t win your case, you lose absolutely nothing.
To schedule a free case review with an age discrimination lawyer in Visalia or Tulare, contact the offices of California Labor Law Employment Attorneys Group.
