There are certain laws in place that prevent employers from taking advantage of their employees. These laws were created with the intention of protecting groups of people who may suffer discrimination because of their inability to wholly contribute to the jobs or to churn out maximum profit. Although age discrimination law has been in existence for decades, there are still employers who break these rules and participate in discrimination against their workers. that has wrongfully fired its employees on the basis of age. Even recently, over 20,000 workers were let go due to reasons that can best be described as thinly veiled instances of discrimination. Federal law says that you cannot be terminated because of your age; you are also prohibited from not being hired because of your age and not receiving a promotion because of your age. If you are in need of an employment lawyer to file a wrongful termination lawsuit against IBM, contact our law firm, the California Labor Law Employment Attorneys Group. Our Los Angeles firm can help you if you are the victim of age discrimination by IBM.
Age Discrimination Details
The Age Discrimination in Employment Act (ADEA) was made Federal law in 1967. It prevents discrimination against employees who are over the age of 40. Some companies were not hiring older employees or refusing to hire older workers, firing older employees, or scheduling individuals for different tasks that they would be unable to be complete due to their age. This practice was common at IBM and has still been going on, culminating in a mass termination of its older employees. In addition, older workers may not be forced to retire, take a cut in hours, or be treated differently during job training
Companies may want more youthful individuals who are more tech-savvy and in-tune with their contemporaries. These younger workers are likely to have grown up inside a bubble of technology and are much more intimate with it than those who learned about it as it was evolving. Thus, younger workers are more likely to quickly grasp new concepts and to adapt to a changing tech world; older workers, on the other hand, and more rooted in foundation and what has held constant in terms of engineering and manufacturing. IBM functions on this premise: older workers may be seen as liabilities who do not grasp new concepts as quickly or as easily as their younger counterparts, and thus, they are becoming obsolete, just like the technology itself.
If IBM wrongfully terminated you because of age discrimination or if IBM fired you because of your age, you can file an IBM employment discrimination lawsuit. You will have to take numerous steps to file your IBM illegal discrimination lawsuit.
In order for age discrimination to be eradicated, the Equal Employment Opportunity Commission was created. The laws are upheld by the EEOC and the commission is generally the second point of contact if you were discriminated against at work.
Evidence of Age Discrimination
Age discrimination can be proven in a number of ways. The most successful would be having IBM that it participated in wrongful termination and fired you and other employees because of your age. This will almost never happen, though; most companies will deny firing people for their ages or other traits and will instead claim that the factors that went into the decision were varied. Your work ethic, performance, skill set, and more may all have been considered, according to the employer.
If you cannot acquire any evidence of the company claiming that you were fired because of your age, you should look to other sources. As with all employment-related cases, you should have evidence of discrimination predating when you were fired. This will show a pattern of behavior. For example, if you were gradually given fewer and fewer hours as you got older, or if you were constantly passed over for promotions and overtime in factor of younger workers, you may have a timeline depicting age discrimination.
You should keep a journal of some kind showing that you were constantly mistreated. This journal should also show how other employees were treated.
Your first step should involve communicating with your boss. If the actions were simply mistakes, effective communication can correct the issues. However, your boss may not take kindly to the suggestion that you are being treated differently because of your age. If efforts with your boss prove futile, you should go to your Human Resources Department for more help. In some cases, you can immediately take issue and file a claim. You should be careful, though; it is not uncommon for businesses like IBM to retaliate against someone who files an age discrimination claim.
If the discrimination were more harassment and such, you could photograph evidence of the occurrences or potentially videotape them as they happen. You may also wish to record individuals who openly discriminate based on age.
Unfortunately, your HR department may not take the action it should because it wishes to protect high-ranking employees. Your co-workers may also have influence over some of the departments, and the easiest, simplest solution is to take action against you. It is also important that you get testimonies from other coworkers – whether they are people who still work there and can attest to the discrimination happening in the workplace or older individuals who have been discriminated against. You may even want to speak to those who have been terminated to see if they have stories that line up with your experiences.
All encounters, notes, emails, and more should be documented so you can alert the EEOC to the treatment. Contact one of our attorneys in Los Angeles to sue IBM for age discrimination if you need more assistance.
Can You Sue IBM For Age Discrimination?
Yes, you can sue IBM for age discrimination. If a company like IBM lays off older employees, the older employees can sue IBM for age discrimination. It is required that you file a complaint with the EEOC; the company will essentially investigate the claim and see if there is any basis for a lawsuit. If it decides that you have a right to sue, you should contact a lawyer who handles employee discharge suits and claims against IBM.
Why Hire an Age Discrimination IBM Lawyer in California
If you find yourself on the receiving end of age discrimination at IBM, you should contact a California age discrimination attorney for IBM age discrimination cases. You may have too much to deal with in the aftermath of a wrongful termination, and legal action could just further complicate matters and cause your life to be filled with stress.
A Los Angeles attorney who can help with IBM age discrimination lawsuits will take care of the legal legwork for you while you focus on searching for other employment opportunities or handle your finances while you are not employed. You may not have the legal experience required to successfully fight for your rights in the workplace, and you may be stressed out from the injustice and treatment. Our attorneys can provide you with expert representation and strive to get you the compensation you deserve from IBM.
Deadline to File an Age Discrimination Employment Lawsuit against IBM
The statute of limitations to file a discrimination lawsuit against IBM or your company is 180 days from the date of the discrimination or termination. If there are local or state laws that also prevent the discrimination on additional bases, the time limit increases to 300 days from the date of the discrimination.
This is a very short amount of time – if you do not take action within a few weeks, you may find yourself rushing and hurrying to gather all of your evidence. If you try to file a claim outside of the statute, you will find that your lawsuit will likely be thrown out – you will not have the ability to take any action or receive any compensation ever again for the discrimination.
The statute of limitations is in place to ensure that claims are filed quickly and when the injustice is still fresh. Waiting years to sue can be an underhanded move; it is much easier to fabricate claims from the past when there isn’t enough hard evidence to back them up. Thus, you only have less than a year to sue, ensuring that witnesses’ memories will be as well-preserved as possible and hard evidence will not deteriorate or be lost.
Call our firm to speak with a lawyer who can sue IBM for age discrimination.
Compensation from an Age Discrimination Lawsuit
An age discrimination lawsuit against IBM can net you various types of compensation. You may be able to secure lost wages from the time you were fired, missed income if your hours were cut or earnings were withheld, and more.
If IBM deliberately sabotaged older workers’ careers, there may be a possibility to secure punitive damages. You could also opt to join a class-action lawsuit against the company, which would result in more plaintiffs (so, more evidence), but the settlement would be evenly spread amongst everyone, so it would be smaller overall.
We will also fight to reinstate you at your old job if you wish. Many employees may not want to be a part of the company any longer if they were discriminated against, but others have packages, benefits, and perks that they may desire.
Talk to one of our IBM age discrimination lawsuit attorneys in California for more assistance.
Our Firm and You
Our IBM age discrimination attorneys in Los Angeles at the California Labor Law Employment Attorneys Group will work around the clock to secure you the compensation you deserve for your age discrimination lawsuit. We will aggressively fight to protect your rights, and if we need to go to court to win your verdict, we will do so. We believe in the utmost fairness for our clients and we feel that all places of employment should be free of discrimination and mistreatment.
Call us today for a free legal consultation with an expert lawyer. Our consultations are confidential; none of your private details will be shared elsewhere. We will tell you what we believe your case is worth and how we will go about handling it. We encourage you to ask questions and get as much information as you can.
If you hire us, we’ll give you our zero fee guarantee. This promises that we will get paid only if we win, and the expenses will come out of the settlement we win for you from IBM. If we lose, you owe us nothing at all.