Unfortunately, those who are above a certain age may be perceived as less capable and useful to society, especially as a member of the workforce. At some places, people may joke about a coworker’s age, but they still treat the person with respect and provide them with equal opportunities to succeed. In other places, employees who are middle-aged and elderly are looked down upon and denied bonuses, promotions, and other ways to advance in their career. In some cases, the employer may even fire them or force them to quit by subjecting them to intolerable working conditions.
Did you suffer discriminatory treatment at your job because of your age? Do you have reason to believe that how old you are is the only or primary reason that you were fired or subjected to other unfair treatment? If so, you may have grounds to file a lawsuit against your employer for age discrimination. To protect your rights and ensure a successful outcome, make sure to speak with an employment lawyer as soon as possible.
The legal experts of California Labor Law Employment Attorneys Group have the skills and experience to help you prevail in a case for age discrimination. We look forward to hearing your story and recovering the losses you suffered if you were discriminated against by your employer because of your age.
How Old Do You have to be to File an Age Discrimination Case in California?
Please note that the laws prohibiting age discrimination apply to employees that are at least 40 years old. Thus, anyone who is under the age of 40 cannot file a claim for age discrimination, though admittedly, people younger than 40 can also be treated unfairly at work because of their age.
If you are 40 years or older and your employer is making adverse employment decisions that affect you, but not your colleagues who are younger, you may have a case for age discrimination in the workplace. This would give you the right to file a discrimination complaint against your employer, and possibly a lawsuit to ask for monetary damages.
Your Right to File a Lawsuit for Age Discrimination in California
Age discrimination is illegal according to federal and state laws. That means you have the right to seek justice under the law if your employer violated your right to fair and equal treatment. Possible avenues may include a lawsuit, but you must take certain actions before you can sue your employer.
The first step is to file a discrimination claim with the state of California’s Department of Fair Employment and Housing, or the DFEH. This is the agency that enforces employment laws and upholds labor law protections for employers and employees in California. The DFEH will investigate your allegations and make a determination, which may involve legal sanctions against your employer. Alternatively, they will issue a Right to Sue notice, which means you can sue your employer directly. Without this notice, you cannot go ahead with a lawsuit, so it’s essential that you follow the correct steps and submit all the required information within the required timeframe.
Compensation if You are a Victim of Age Discrimination
As we mentioned, you must file a claim against your employer with the Department of Fair Employment and Housing before you can sue your employer through the civil court system. Once you obtain a Right to Sue letter, you can file a lawsuit and ask for compensation, which is based on your monetary losses and emotional distress caused by your employer’s actions. Possible damages that may be awarded to you include:
- Back pay for lost wages and work benefits from the date of discrimination until the settlement / trial.
- Front pay, which is compensation for lost future earnings to compensate the employee until they find a new job.
- Pain and suffering for emotional harm caused by age discrimination and related actions by the employer
- Punitive damages, which may be awarded by the jury to punish an employer for actions that are particularly malicious or negligent
- Legal expenses, like court filing fees and the cost of hiring a workplace discrimination attorney
No matter what type of damages and how much you are eligible to receive, you can count on us to fight for maximum payment on your behalf. We have a proven track record of recovery for those who were taken advantage of by their employer because of their age, race, gender, religion, sexual orientation, and other protected characteristics. If you would like to discuss what happened to you and the legal actions you can take, contact our law firm today.
Zero Fee Guarantee
As a victim of discrimination in the workplace, you do not have to suffer in silence while your employer gets away with violating state and federal laws. However, getting justice can be very difficult without guidance from an experienced legal team. With that in mind, we encourage you to get in touch and learn about the steps you can take if you were denied employment opportunities because you were 40 years or older.
If you choose to hire us, you do not pay anything towards legal fees, thanks to the Zero Fee Guarantee. Attorney’s fees are part of the settlement you receive from the other party, so our expenses are paid by your employer. Since we only get paid by winning your case, you owe us $0 if we do not settle the case in your favor.
The legal process begins with a free consultation, so please contact our team of age discrimination attorneys in Los Angeles.
