Employees who face discrimination at work deserve to be compensated for their suffering. It is important that companies and businesses practice equality and treat their employees with respect and care – but it is also important that they make fair decisions that are founded on work capabilities and experience as opposed to traits that have no bearing on the job. Some employers practice discrimination when they make business decisions; some refuse to hire potential workers based on their religious beliefs or gender identities, while others discriminate based on race and age. Age-based discrimination is especially troublesome; some people who have reached a certain age may be more discriminated against than others. There is sometimes a false idea that youth is needed in some industries when older individuals can complete the job duties in exactly the same manner. At the California Labor Law Employment Attorneys Group, one of the top-rated law groups in Stockton, our lawyers strive end workplace age discrimination. We provide help and support to all victims of discrimination and do not rest until we see justice is served. Clients often call us with questions about their situations; they are usually curious if they are, in fact, victims of age-related prejudice. Some questions they ask us include:
- How can I find an age discrimination attorney in Stockton?
- Can I sue for employee age discrimination?
- I need a Stockton lawyer with experience in age discrimination cases. Who can I call?
- Where can I find a Stockton attorney that has experience in age discrimination lawsuits?
Age Discrimination Problems
The Age Discrimination in Employment Act, or ADEA, was passed in 1967; this federal law outlawed companies from discriminating against its employees and job applicants based on their ages. The law protects individuals aged 40 and over. After a certain point, it is expected that workers would begin to have more responsibilities outside the workplace. Some would start families and have other necessities to take care of, resulting in a diminished performance at work due to increased stress and the potential to take more days off for other reasons. For example, a person who just had twins may have to take entire days away from work to care for the children, bring them to the doctor, or help the other parent recuperate.
As workers age past the point of needing to take many days to take care of children, there came the problem of health. Not all elderly workers are in great condition, health-wise; as a result, they may have a harder time completing job duties and need to go get checkups done more often. Even pestering illnesses and some longstanding diseases can negatively impact a person’s career. As a result, employers would not want to hire these kinds of people. They would prefer to hire younger people who have less reason and need to take days off and who would be able to dedicate more time to the job itself. This is a focus on the company’s profits as opposed to the wellbeing of other people – older people who still have families to support were essentially left in the cold before the ADEA mandated that they be treated fairly.
All workers and applicants deserve to be treated equally and judged on the merits of their work capabilities, not their respective ages. Our law firm in Stockton aims to change the way businesses work and to remove any discriminatory practices they have.
The biggest issue with employment age discrimination is proving that it occurred. Businesses can outright state that they made their decisions based on other factors other than age, and that age was not taken into consideration at all. It can be difficult to prove that a manager passed you over because of your age. The best evidence you could hope for is, of course, an admittance that age was the reason for the action taken, but this will almost never happen.
Thus, because the smoking gun evidence will more than likely not be present, you will need to have other pieces of proof. You should make a note of the circumstances surrounding the incident – for instance, if a person younger than you were promoted and you were left behind, note the issues with this move, including relative experience, work ethic, job responsibilities, and more. This is not an attempt to discredit the person who received the promotion but to instead show that the company was acting in a way that displayed favoritism or prejudice.
The testimony of your fellow coworkers can also prove to come in handy. Some people may share your belief that there is age discrimination at play, especially if they, too, have been on the receiving end of the actions. If they provide recorded statements that you were likely discriminated against, your employer will have to adequately explain himself to not be mistrusted or doubted.
You should also contact Human Resources about the issue. A representative will be able to help you, but not always; sometimes, these workers just want the problems to go away and will claim that they are doing all they can to assist but have largely ignored your complaint. They may also be looking out for the best interests of the company, and filing a claim that shows discrimination can result in a large financial loss as well as negative reactions from the public and customers. All of your emails and communication with Human Resources should be documented.
If your hours were cut or if you were let go, you should keep a record of what you were earning or would have earned. This hard proof of your wages can show the effect that a reduction in your job hours had on your life.
After you have put together all the evidence of your workplace age discrimination situation, consult with an experienced Stockton attorney about what to do next.
Filing a Lawsuit
If you believe you are the victim of job age discrimination and you have evidence to show it, you should take legal action against the company. You can file a claim as an applicant that was discriminated against and prevented from getting a job or a current employee that had duties or responsibilities revoked. Any discriminatory acts related to hiring, firing, laying off, pay raises, pay cuts, reduced hours, compensation, promotions, benefits, job assignments and responsibilities, and job training can be used as grounds in a employer age discrimination lawsuit.
You are advised to seek the assistance of a Stockton attorney to help you file your lawsuit. There is a very narrow statute of limitations on workplace discrimination claims – 180 days by itself, or 300 days if there is also a local or state law that prohibits the acts. However, if the transgressor is a government entity, you only have 45 days to file a claim. Some people may not have even decided to file a lawsuit in that span of time, which is why it is crucial that you seek legal help as soon as possible. We can help you get the ball rolling, and if you change your mind or make any updates to your claim, we will be able to make it work.
As for compensation, you may be able to earn back wages that were lost or may have been lost from action. If you were denied a promotion or had your hours cut, you can expect a percentage of those earnings to be reimbursed if you win your case. You can also receive compensation for pain and suffering, or any emotional and psychological trauma that you suffered throughout the ordeal. Acts of prejudice can be tough to overcome, and although compensation does not heal mental anguish, it can help go towards bettering the workplace, receiving therapy, or donating to noble causes. Further, punitive damages, which are handed out in instances of gross negligence or an intention to harm, can be awarded in certain types of cases. Only a skilled lawyer can win these damages, however, and you should consult with one before making a decision.
The California Labor Law Employment Attorneys Group in Stockton is here to help bring justice to the workplace. We know that age discrimination is a huge issue, and we want to alter the prejudiced actions and discriminatory practices that plague companies. You deserve to be treated as fairly as everyone else at your company, and if that treatment changes because of your age, your employer should pay. Our attorneys will aggressively work to bring you a settlement you will be satisfied with and we will do everything we can to help your workplace turn into a place of acceptance and equality.
Call us today to speak with an experienced attorney about your age discrimination claim. You can ask any questions you want – all consultations are wholly confidential. We will be happy to give you much-needed information on filing a claim and how the litigation process works, as well as what you may be able to earn in a settlement. Further, if you select us to file your lawsuit on your behalf, you will be given a zero fee guarantee with your claim. You are not required to pay any legal fees throughout the process – our payment only comes if we win your case, and it is taken from the settlement we earn for you. If we lose, you don’t owe us anything at all. Therefore, your savings and wages will always remain untouched, even when pursuing legal action.