Are you being treated unfairly by your employer due to your age? If so, you are sure to have questions about the laws regarding discriminatory treatment in the workplace.
Is there a specific age where I can file a claim for age discrimination?
What are the legal actions I can take against my employer? What if I lost my job or got demoted at work because of my age? Can I sue for discrimination based on how old I am?
There is no denying that age discrimination is illegal under both California and federal laws. But it can be difficult to figure out the legal system and ensure that you are taking the right steps to hold your employer accountable. By contacting California Labor Law Employment Attorneys Group, you will be connected with an employment lawyer who is experienced in workplace discrimination complaints. That way, you can learn about your rights and the legal actions that are available to you if your employer has made you a target because of your age.
What is Age Discrimination?
Please note that age discrimination does not apply to every instance of someone who is treated unfairly because of their age. For one thing, protection against age discrimination applies to individuals who are 40 years or older.
Unfortunately, middle aged and elderly workers are often perceived as burdens on the employer. Some people may doubt their ability to keep up with certain kinds of technology and the demands of meeting productivity goals. Alternatively, the employer may want to cut costs, and getting rid of people at the higher end of the wage spectrum is an easy way to achieve that goal.
Termination is probably the most obvious form of age discrimination, but many employers take a more subtle approach in the hopes that they can avoid a lawsuit. For example, they may choose to reassign the employee to a less desirable position or location, or say that they do not qualify for a bonus or promotion. Older employees may also be left out of training opportunities that are readily available to younger workers.
There are many ways to deny older workers the rights they deserve by law, and those who are dealing with age discrimination do not have to suffer in silence. Call the legal experts of California Labor Law Employment Attorneys Group to discuss your case during a free case review.
What are Some Examples of Age Discrimination?
Because age discrimination is a broad category, it can be difficult for workers to identify this type of treatment by their employers. So, let’s take a look at some common examples of discriminatory conduct against employees who are 40 or older:
- You have held your job at the same company for over 30 years. As you get closer to your 50th birthday, you realize that your employer has a preference for younger workers, who are assigned important duties and given opportunities for advancement. You are no less capable or less knowledgeable than they are, but your supervisor continually insists that you are not eligible for bonus programs and other incentives.
- You are approaching the age of 60, and even though you are good at your job, your employer hints that you should consider early retirement. When you say that you are not interested in retiring, they create a hostile work environment where you are bullied, subjected to offensive comments, excluded from work events and given menial tasks that are not assigned to the younger colleagues. Eventually, the environment at your job becomes so toxic, you are forced to quit for the sake of your mental health.
- You are diagnosed with a cumulative injury that resulted from doing the same set of tasks at your job for over 2 decades. This entitles you to workers’ compensation, but your employer starts acting differently towards you after you file a claim. After a period of harassing and discriminatory treatment, your employer tells you that you are fired due to your reduced work performance.
Your own case of age discrimination may be different than these examples, but rest assured, we are ready to hear your story and take on your case if you are interested in filing a lawsuit. If you are 40 years or older and believe that this is the reason your employer is treating you unfairly, make sure to speak with an employment attorney as soon as possible.
Age Discrimination Laws in California
California has its own set of laws and agencies that enforce labor regulations for both employers and employees. Under the regulations of the
Department of Fair Employment and Housing (DFEH), age discrimination is illegal, and employers in violations can face legal sanctions from the State of California.
If you are eligible for a discrimination claim with the DFEH, the agency will investigate your allegations, which may include visiting your workplace, asking your employer for documentation, and talking to coworkers about what they witnessed or experienced for themselves. Once the agency concludes its investigation, they will make a decision on whether you can move forward with further legal action. If the agency believes your claims are credible, they will permit you to file a lawsuit by issuing a Right to Sue letter.
Based on how many people are affected by discriminatory practices at your job, you may decide to participate in a class action lawsuit. But there are perfectly valid reasons to file a lawsuit on your own, even if there is an existing class claim against your employer. We can discuss these issues in detail during a free consultation, so please contact us today.
Can I Sue for Compensation as a Victim of Age Discrimination?
When you file a lawsuit for wrongful termination and other illegal acts by your employer, you may have grounds to ask for compensation in the form of monetary damages. What you are entitled to from a lawsuit is based on many details that we will need to go over with you in person. Possible categories of payments we can obtain on your behalf include:
- Back pay, front pay, and other loss of wages / income
- Value of work benefits you lost because of discrimination by your employer
- Pain and suffering
- Damage to your professional reputation
- Punitive damages
- Cost of legal representation
An age discrimination lawyer at our office can explain these damages to you and other information that’s relevant to your rights and legal options.
Staying On Top of Important Deadlines
You have a limited amount of time to file an employment claim and take other actions that are needed to sue your employer for age discrimination. These deadlines include:
- 1 year from the date of labor violation to file a claim with the California Department of Fair Employment and Housing.
- 1 year to file a lawsuit after receiving a Right to Sue notice from the DFEH.
- 300 days to file a claim with the U.S. Equal Employment Opportunity Commission.
- 90 days to file a lawsuit starting from the issuance of a Right to Sue letter from the EEOC.
The need to abide by these timeframes is crucial, as you will lose the right to compensation from your employer if you are past the statute of limitations. So, even if you have a solid case and it’s clear your employer is guilty, you cannot go through with a lawsuit if you do not act by the applicable deadline.
Seek Legal Advice by Contacting Out Law Firm
Workers whose rights are violated can seek justice under various laws that are established by the State of California and the federal government. Our legal team is here to guide you on the path to financial and emotional recovery, so feel free to contact us 24 hours a day, 7 days a week.
We offer the Zero Fee Guarantee from the very first consultation, so you do not pay any fees upfront if you wish to be represented by our law firm. We will fight for your rights on contingency and only get paid if we succeed in bringing you compensation from a discrimination in the workplace lawsuit. This is to ensure that you have the best possible representation without having to sacrifice your limited finances.
To learn more about the Zero Fee Guarantee and how we can assist you in an age discrimination case, please take a moment to schedule a free case evaluation.
