Have you been discriminated against at work due to your age? Do you live in the Modesto area? It may be in your best interest to seek legal guidance from an experienced Modesto attorney to help you sue your employer for workplace age discrimination. Being discriminated against because of your age can be incredibly traumatizing and damaging to an individual. Often, those who experience employment age discrimination are unaware of their rights as workers and will either continue to endure further mistreatment or quit their job effectively spoiling their chances of earning unemployment benefits. If you or a loved one have experienced employee age discrimination in the city of Modesto, you may want to seek legal guidance from an experienced Modesto law firm to help you earn compensation for your damages. At California Labor Law Employment Attorneys Group our Modesto lawyers have a wealth of experience in age discrimination cases and are committed to ensuring all of our clients receive the resources they require to earn the compensation they deserve for their damages.
Age Discrimination in Modesto
Modesto is a city located in Central California and is the largest city in the Stanislaus County. According to a 2010 census, approximately 201,000 people call the city home. Modesto is one of many agricultural hubs in central California, and much of the surrounding metropolitan area is made up of agricultural farmland. Unfortunately, age discrimination at a place of work can occur in Modesto just likely as it can occur elsewhere in the state of California. If you or a loved one have experienced job age discrimination in Modesto, you may be able to sue your employer for the damages.
Thanks to a variety of federal and state laws, discrimination of any kind in a public space are prohibited. Discrimination is defined as the mistreatment of an individual based on their race, skin color, sexual orientation, cultural background, religious background, or in this case, age. If an employer discriminates you for your age, you may be able to sue them for breaking anti-discriminatory laws. However, the process of suing an employer for job age discrimination can be incredibly complicated. Often discrimination requires continued mistreatment of an individual and can be misplaced when not properly identified. For your reference, we’ve included some of the key elements involved in age discrimination cases:
- The actions of your employer must show, in some way, that they are discriminating against you based on your religion, disability, race, color, or age.
- Your employer’s behavior and actions must last for an extended period. As such you cannot sue your employer for one off-handed comment. Any and all incidents where your employer abused you and bullied you should be recorded and filed with your company’s HR department.
- If your company does nothing or little to nothing to remedy the issue after repeated reports of harassment, you can move forward with legal action against your employer.
- The actions of your employer must be severe and consistent enough to disrupt your ability to fulfill the requirements of the job, by hindering your day-to-day work.
If any of these elements are present in your case, you may be able to sue your employer for their actions and behavior. Age discrimination in the workplace can include anything from being continually harassed to being wrongfully terminated or demoted from a job due to your age. If you experienced any age discrimination and wished to take legal action against your employer it may be in your best interest to seek legal guidance from a Modesto attorney who has experience in fighting for age discrimination lawsuits. As mentioned prior, suing an employer for age discrimination can be incredibly complicated. Any misstep and your case could be dismissed from court entirely. Having a skilled Modesto attorney by your side could make all the difference in the outcome of your case.
How to Sue an Employer for Age Discrimination
The process of suing an employer for age discrimination can be complicated, but it is far from impossible. With the help of a skilled attorney, you can follow the proper steps required to bring your case forward. One of the key elements in filing a lawsuit against an employer is the evidence you gather to support your claims. Substantial evidence can vary drastically between cases. However, it is recommended you collect any items that prove your employer’s motive and actions.
Many victims of age discrimination in the workplace mistakenly believe they can simply take their case to court without taking any prior steps. Unfortunately, this is not the case. To file a successful case, you must first consult with a company’s HR department. Often cases of this nature tend to get resolved at this point, as HR or human resource departments are put in place to resolve issues of this nature. In most cases, a company would rather not fight discrimination cases in court. These cases can often do more harm than good to a company’s PR, especially if they lose the case. For this reason, an HR representative may try to settle your case outside of the public light. However, HR departments don’t always have the employee’s interest in mind and may offer a settlement that is drastically lower than you request. If this is the case, a skilled attorney may suggest you follow some of the steps bulleted below:
- Contact A HR Representative: The first thing you should do is report every incident of abuse to your company’s Human Resources department. These departments are put in place to fight for the rights of their employees and resolve issues of this nature. Often, cases will be resolved at this point as a result of the actions of an HR representative. By reporting your incidents, you not only document the harassment, but you can also show a jury that you exhausted all options of solution before relying on legal action.
- Collect Any And All Evidence: If your HR department fails to remedy the issue, you may need to file a report with either a state or federal anti-discrimination agency. Before you do so, you should gather any and all evidence you need to support your claims. This evidence can include things like photographs, video footage, or audio recordings of incidents of harassment; text messages, phone calls, emails, or other points of contact shared between you and your employer or; eyewitness testimonies from co-workers, customers, or even family members that back up your claims. At this point, you should consult a workplace bullying and abuse attorney in Modesto if you haven’t already.
- File A Report With A Anti-Discrimination Agency: Before you can file a lawsuit against your employer, you must file a report with either the federally run Equal Employment Opportunity Commission (EEOC) or a state-run agency. These agencies will review your case, and either give you the approval to sue or reject your right to sue an employer. During this period, it is highly recommended that you keep a low-profile at work as you do not want to give your employer any evidence to later dispute your claims in court.
- Move To Court Or Resolve: If the anti-discrimination agency approved your case, you and your attorney would receive a ‘right-to-sue,’ letter, giving you the go-ahead to take your case to court. However, at this point, many cases settle as companies would rather settle a case than expend the exuberant legal fees to fight the case in court. It is up to you whether you want to take your case to court or not, and before making a choice, it is highly recommended that you reach out to your Spanish speaking lawyer for advice on the best course of action.
Whether you decide to settle with your employer’s HR department or wish to take further legal action against your employer for age discrimination, it is in your best interest that you seek legal guidance from an attorney that has expertise in cases of this nature. Besides representation in court, an attorney can help walk you through the process of negotiating a settlement with your employer. Having an attorney by your side can show your employer that you mean business, and are ready and willing to take further legal action should the outcome not settle in your favor. For this reason, it is highly recommended that you retain guidance from a law firm that is not only well-versed in employment law but is committed to all of their clients.
How California Labor Law Employment Attorneys Group Can Help
Being discriminated against at work for your age can be an incredibly damaging and traumatic experience. Many individuals who experience age discrimination may be unaware that the actions of their employer are illegal and could result in significant legal action. If you have experienced age discrimination in Modesto, it may be in your best interest that you seek legal consultation from a Modesto law firm with experience in age discrimination cases. At California Labor Law Employment Attorneys Group our age discrimination lawyers can guide you through the often complicated process of filing your claims, reaching out to a discrimination agency, and fighting for your case in court. Those who have experienced damages as a result of age discrimination can contact our law offices to learn more about how to receive compensation for their injuries. While our legal team is based near Modesto, our attorneys also practice in Oakland, San Francisco, Los Angeles, San Diego, Sacramento, Orange County, Riverside, Fresno, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.