People working in the city of Modesto may be subjected to unlawful treatment by their employer, including age discrimination. These cases happen more often than people realize, even though California’s laws on employment rights are some of the most progressive in the nation.
Discriminating against an employee because of their age is illegal, and you have the right to demand justice if your employer is in violation of California’s anti-discrimination laws. A workplace violation attorney at California Labor Law Employment Attorneys Group can help you determine the right course of action if you are a victim of age discrimination in Modesto, CA.
For a detailed discussion of your rights and legal options, reach out to us and schedule a case evaluation, completely free of charge.
Age Discrimination by Employers in Modesto
Discriminating against someone on the basis of their age is illegal, and your right to protection is guaranteed under state and federal laws. One’s age is a protected category, along with characteristics like religion, gender, sexuality, race, political beliefs, and more. Thus, you employer is breaking the law if they fire you or make other adverse employment decision that are based on how old you are.
Aside from wrongful termination, those who are facing age discrimination may be subjected to:
- Harassment and bullying
- Denied work opportunities like promotions and pay raises
- Pay cuts and reduced work hours
- Demotion to a less desirable position or shift
- Denial of bonuses or opportunities to earn bonuses
This is not a complete list, but it gives you an idea of what can happen when an employer feels that someone is too old, even though their work performance is satisfactory. The vast majority of cases involve wrongful demotion or termination, especially if the worker complains that they are being discriminated against.
Please know that laws exist to protect you from age discrimination, which we can go over with you during a free case review. If you are being judged by factors other than your work performance, you may be entitled to compensation from your employer, such as lost wages, loss of job benefits, harm to your professional reputation, and pain and suffering.
Grounds That can be Used for an Age Discriminator Claim
The foundation for an age discrimination lawsuit can involve a variety of circumstances, but any legal case for employment discrimination must establish that:
- You are discriminated against by your employer based on your age, even though you can perform your job duties in a competent manner.
- The adverse treatment from your employer (harassment, wrongful termination, demotion, etc.) involved numerous incidents over an extended period of time.
- Though you notified your supervisor / Human Resources personnel about the treatment, little to nothing was done to protect you from continued mistreatment.
- Based on what was being done to you at your workplace, your ability to perform your job was significantly compromised.
- The actions or lack of action by your employer created a work environment that disrupted your ability to perform your job duties.
Filing a Lawsuit for Age Discrimination
Getting to the point where you can file an age discrimination lawsuit is a long process, and it’s essential that you take the right steps if you are a victim of illegal treatment by your employer. Below is a basic outline of the process that you must follow:
- File an HR Complaint: reporting discrimination to your Human Resources department is the first step, as you will need to show that you attempted to settle the matter internally. Filing an HR complaint also creates a clear and detailed record of the harassment, demotion, and other actions you are subjected to.
- Gather Evidence: this is essential right from the start, but even more so if going to HR fails to resolve the issue. At this point, you will need to file an age discrimination complaint with the applicable government agency. Evidence for an EEOC or California DFEH claim includes voicemails, emails, performance reviews, video and audio footage, photographs, and witness statements. An employment discrimination lawyer is Modesto can help you in this area, along with putting together a strong and compelling case.
- File a Claim: prior to suing your employer, you will need to file a complaint with the Equal Employment Opportunity Commission and/or the Department of Fair Employment and Housing. If you have what it takes to go ahead with a lawsuit, the agency will provide you with a Right to Sue letter.
- Negotiating a Settlement or Going to Trial: lawsuits are generally settled out of court, meaning you and your employer will eventually come to an agreement on the compensation you deserve. To ensure that you get the best possible deal, make sure to hire an age discrimination lawsuit attorney. A lawyer is particularly important if you cannot settle your case and need to ask for a trial date.
Contact a Modesto Employment Attorney
Discrimination based on one’s age is unacceptable, yet so many people in this situation do not know what to do if they are fired or face some other adverse employment action. To learn about your rights, we suggest that you contact our office and talk to a lawyer that can sue for employment rights violations.
Our law firm specializes in discrimination and retaliation cases, and we have a proven track record of settlements obtained on behalf of our clients. We also have a Zero Fee Guarantee policy, because we believe in the principle of free legal services for anyone who is a victim of workplace discrimination.
If you decide to hire us, you will never be asked to pay hourly fees or a retainer. Our payment is strictly based on winning your case and obtaining a percentage of your settlement check. So, we guarantee that if we fail to win your case, you owe us $0 in legal fees.
A free case evaluation is the best way to begin the legal process. Give us a call and schedule a time to speak with one of our legal experts.
