Being discriminated at work due to your age can be a damaging and traumatizing experience. Often this form of discrimination arises in the form of continued harassment, a demotion from a position, or even being wrongfully terminated as a result of your age. Often, victims of age discrimination feel trapped in their current position and will endure continued mistreatment and harassment as they are unaware of their rights as workers. Fortunately, if you or a loved one have experienced age discrimination at work in San Bernardino, Pomona, or Fontana, you may be able to collect monetary compensation for the damages that you or your loved ones have experienced. However, when filing these claims, it is highly recommended that you seek legal representation from an attorney with experience in representing disparaged workers, and is familiar with the rights of workers in San Bernardino, Pomona, and Fontana. At California Labor Law Employment Attorneys Group our well-versed workers’ rights attorneys are committed to ensuring all of our clients receive the resources they require to earn the compensation they deserve for their damages. Our attorneys can guide you through the process of building a case filing a claim and reaching a satisfactory outcome for your case. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation from one of our many well-versed legal advisors.
San Bernardino, Fontana, and Pomona
San Bernardino, Fontana, and Pomona are all located in the southeastern San Bernardino County in California. Fontana is a city that is home to over 207,000 people and is considered a regional hub of the trucking industry. This is the case, as the interstate 10, and state route 210 pass through the city. The Interstate 15 also cuts through Fontana, adding to the freight traffic passing through the area. The city of Pomona is one of the easternmost cities in Los Angeles County and based on a 2010 census has a population just over 149,000 people. San Bernardino is located in a mix of the San Bernardino-Riverside metropolitan area. This city is also the county seat of the more significant San Bernardino County. Unfortunately, age discrimination can occur in these cities just as easily as they can occur elsewhere in the state of California. For this reason, if you or a loved one experienced age discrimination at work in these three cities it is highly recommended that you seek legal representation from a San Bernardino, Fontana, or Pomona attorney with expertise in age discrimination cases.
What is Age Discrimination?
Age discrimination is defined as the discrimination against an individual by their age. Discrimination is by all accounts illegal, thanks to a variety of state and federal laws. Discrimination extends beyond just age and involves the mistreatment of an individual by race, cultural background, religious background, or disability. Regardless which kind of discrimination you experience, it is strictly illegal, and your employer could face significant legal consequences as a result of it. Unfortunately, not many workers are aware of their rights and will endure continued mistreatment or simply quit their job to put apply a quick fix to the problem. If you quit your job, you may not be able to seek compensation for your damages, nor will you be able to collect unemployment benefits, which can end up worsening a situation.
Fortunately, victims of age discrimination at work have every right to sue their employer for their actions or behavior. However, this is easier said than done. Filing an age discrimination lawsuit against an employer can be incredibly complicated as some legal hurdles must first be overcome before taking your employer to court. Often, victims of age discrimination must first bring their complaints to a company’s HR department before taking further legal action. An HR or human resources department is put in place to resolve disputes before they can reach a courtroom, and often they can succeed in doing so. However, not all HR representatives will have your best interest in mind, and it may be better to refuse their settlement offer and pursue a more satisfactory one through the pursuit of legal action. If this is the case, you may need to ensure that there are elements of discrimination in your case. Some key aspects of discrimination cases are listed below for your reference:
- 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.
Regardless of the details of your case, it is highly recommended that you seek legal representation for your case. While you have every right to represent your case in court, having the right attorney by your side can make the difference between earning significant monetary compensation and having your case dismissed from court entirely.
How do I File a Claim Against my Employer?
As mentioned prior, filing a claim against an employer for age discrimination can be difficult. However, it is far from impossible. With the help of a skilled attorney, you may be able to hold your employer accountable for their actions and could earn a sizeable settlement to cover all of the damages you suffered. Often in age discrimination cases, damages like a loss of wages, a loss of future wages, and emotional and emotional trauma are compensated in a settlement. However, the process of settling can be a somewhat arduous one, as there are some steps involved in bringing your case forward. When clients from San Bernardino, Pomona, or Fontana come to our legal team looking for assistance in their age discrimination case, we often recommend they follow the critical steps listed 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 Tulare and Visalia 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.
There is no guarantee that your case will ever reach a courtroom. As mentioned prior, HR departments often try their best to reach a settlement or resolve a dispute before it can even be brought before a civil judge. However, that is not to say your case will be the same. In some instances, HR representatives fail to present a worthwhile settlement or don’t reach a settlement at all. If this is the case for you, it may be in your best interest to seek representation from a skilled attorney to help you through the legal process. While everyone has a right to represent themselves in court, the legal process involved in age discrimination cases can be incredibly challenging to take on alone. With the right attorney by your side, you can better guarantee a satisfactory settlement and hold your employer accountable for their actions and behavior.
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 San Bernardino, Pomona, and Fontana, it may be in your best interest that you seek legal consultation from a Los Angeles or San Bernardino County 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 San Bernardino and Los Angeles County, 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.