Discrimination in the workplace is a problem for all different types of people. Employees, both prospective and current, have been discriminated against based on their religion, sexual orientation, gender, and age. None of these qualities prevent a person from completing job duties the same as everyone else, and employers who practice this prejudice should be held accountable for their actions and punished. More importantly, there should be change effected in the workplace when discrimination occurs. Age discrimination is one of most common forms of workplace prejudice, and it was combated on a federal level with the ADEA in 1967. Our attorneys at the California Labor Law Employment Attorneys Groupin Bakersfield strive to assist employees who have been on the receiving end of discrimination. Clients sometimes call us in confusion because they do not know if they have faced discrimination because of their ages or if there is another more innocuous reason. They ask us questions like:
- • Where can I find an age discrimination attorney in Bakersfield?
- • What is employee age discrimination?
- • Who is a Bakersfield attorney that has experience in age discrimination lawsuits?
- • What is the best law firm in Bakersfield for age discrimination lawsuits?
Age Discrimination Information
Employers often take many factors into consideration when hiring employees and when evaluating their job performances throughout their tenures. Employers should consider work ethic, experience, qualifications, and other traits that will determine how well a person well perform his job duties, but sometimes the employers allow bias and prejudice to influence their decisions. For example, a qualified applicant may not get a job due to his old age. The employer may feel that the applicant will likely take more time off for doctor’s visits or will not speedily complete his duties; he may also fall behind on new techniques and not be skilled at using current technology. In order to combat these potential issues before they even begin, the employer may decide to give the job opportunity to a less qualified, younger individual. Younger people tend to take less days off, do not have families to care for, and can adapt quicker than their elder counterparts. This employer age discrimination favors younger people.
This was common practice in many businesses until the federal government outlawed it in 1967 with the Age Discrimination in Employment Act. Under this law, employers are prohibited from discriminating against any employee or applicant over the age of 40. This discrimination includes any aspect of hiring, firing, compensation, benefits, promotion, job opportunities, raises, job assignments, and training. If older workers suffer a negative impact because of supposedly neutral treatment, this can also be considered an act of prejudice and employment age discrimination.
Of course, no company will outright state that it made a decision based on someone’s age; to do so would incriminate the company. Instead, management will say that other candidates proved to be more qualified or that this decision was made due to certain circumstances that could not be helped. More often than not, a victim of age discrimination will have to prove that all of the circumstances surrounding the event point towards age discrimination despite the claim from management they they do not.
Steps to Take in the Aftermath of Workplace Age Discrimination
If you were victimized because of age discrimination and you were not considered for a job, fired from your job, received lower pay, or suffered any other grievance, you should be aware of what the necessary course of action is. As stated above, you will very likely not receive a statement that you were treated in a negative manner because of your age. In lieu of that, you should assemble any and all evidence that points to the fact as being true.
First, you should reach out to the Human Resources department at your company and bring up the issue. If there is no progress made, save all emails so that you can show that you did try to resolve the issue. Next, record any statements or testimonies from fellow coworkers about the incident – if they all agree that there was prejudice behind the decision, your claim may be adequately strengthened. Further, if any incidents happened or if any circumstances arose that indicate you were passed over because of your age, record these incidents. For example, if younger individual got a promotion and you did not, despite the candidate having less experience and results at the company, you may be able to show that something does not add up.
After assembling all of this evidence, you will be better prepared to take legal action. An experienced Bakersfield attorney can handle your claim for you.
Statute of Limitations
A benefit to utilizing the skills and resources of a Bakersfield lawyer with experience in age discrimination cases is the attentiveness to detail and the rigorous adhesion to deadlines. Many times, victims of age discrimination wait too long or deliberate over filing a claim, and by the time they come to their decisions, they find that the statute of limitations has run out. Our law firm promises to always stay on top of your case; we will never miss a deadline, and you can be sure that your lawsuit will be filed well within the time limit. Missing a deadline can result in the lawsuit being thrown out or ignore, so it is crucial you adhere to the time limit.
You have 180 days to file a claim for your job age discrimination lawsuit, at a minimum. If the grievance is also covered under state or local law, this time limit rises to 300 days. However, you should be keenly aware of the difference between regular companies and those run by the government. If your grievance is with a federal company or a government business, the statute of limitations is a mere 45 days from the date of the incident. This means that you must act extremely quickly when pursuing legal action against the government. Fortunately, our attorneys are speedy and are not intimidated by short deadlines.
Potential Compensation from your Lawsuit
You can file a lawsuit against your employer if you were harmed by age discrimination. You may be able to sue for wrongful termination, workplace harassment, and more. Our attorneys can help you earn the maximum compensation available for these damages. Even though there are no physical injuries, harming your earning capacity is equally as devastating, as the quality of your life can deplete because of a loss of income.
With our assistance, you can earn back lost wages. You may be able to receive reimbursement of any earnings you lost before, during, and after your case. These wages were likely lost due to the time you spent in court or when away from your job because of the discrimination. A reduction in pay can also be compensated.
You may have undergone emotional trauma during the prejudice or discriminatory acts. This suffering can be hard to deal with and it can take a heavy toll on your mental state of mind and emotional wellbeing. You can be covered for trauma, PTSD, fear, anxiety, and more in the wake of an act of age discrimination.
Punitive damages can also be handed out in certain instances where the company was deliberately acting in a prejudiced manner. Only a few types of lawsuits can warrant punitive damages, however. More importantly, only some juries will be willing to award them, as they may view the compensation as excessive punishment for the defendant; thus, only a skilled lawyer will be able to negotiate punitive damages.
It is always recommended to seek out an attorney when taking legal action against an employer. The company will often have a team of lawyers ready to fight for weeks to keep the company from suffering bad press and having to pay out settlements. It can be draining for one person to attempt to fight back, and for this reason, we believe you should enlist the help of one of our Bakersfield work discrimination lawyers.
Our team of attorneys at the California Labor Law Employment Attorneys Group in Bakersfield is here to help you receive fair compensation for your age discrimination lawsuit. You should not be subjected to any prejudice while at the workplace or during the hiring process – it is unethical and wrong to treat you differently because of your age, and we want to ensure that the company receives some kind of punishment for its actions. Our attorneys will work round the clock to bring you a settlement you are satisfied with and we will aggressively hound the necessary parties until the issues are resolved. We are willing to take your case all the way to court if necessary.
Call us today to receive a free legal consultation with an experienced attorney. You can ask us any questions you want – all consultations are totally confidential and meant to give you as much information as you need to make a decision about legal action. If you choose to move forward with us and use our legal services, you also will receive a zero fee guarantee on your claim. This promises that you will pay no out of pocket expenses for our representation; we only get paid if we win your case, and if we lose, you owe us nothing at all. This is done to ensure that your finances are always preserved and you are not hurt by seeking legal help.
For more help, reach out to an attorney at the California Labor Law Employment Attorneys Group in Bakersfield.