Being discriminated against in the workplace can be incredibly traumatizing and even financially damaging for those unfortunate enough to have to experience it. Often, victims of discrimination, and more importantly age discrimination at work are unaware of their rights and feel trapped in their current position. In some cases, victims quit their job effectively spoiling their chances of earning unemployment benefits. However, many state and federal laws make age discrimination illegal. If you or a loved one have been discriminated against at work for your age in the cities of Tulare and Visalia, you may be able to sue your employer for their actions and behavior. Although, it is important to note that filing a discrimination lawsuit can be incredibly challenging, as some legal hurdles must first be overcome before bringing your case forward. For this reason, it is highly recommended that you seek legal guidance from an attorney well-versed in the rights of workers in Tulare, Visalia, and throughout the state of California. At California Labor Law Employment Attorneys Group our skilled age discrimination lawyers are committed to ensuring our clients receive all the resources they require to earn the compensation they deserve for their damages. Our attorneys can guide you through the often complicated process of building a case, filing a report with a anti-discriminatory agency, and reaching a satisfactory settlement 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 skilled legal advisors.
The Cities of Visalia and Tulare
Tulare and Visalia are both cities located in California’s Central Valley. These cities are both located in Tulare County and are agricultural hubs for the area. Tulare is home to approximately 59,000 people based on a 2010 census. The city is located just eight miles south of Visalia and is a short drive from Bakersfield, one of the largest cities in Central California. Visalia, on the other hand, is home to some 130,000 people based on a 2015 census. Many travelers and tourists come through Visalia on their way to Sequoia, Yosemite, and Kings Canyon National Parks. Visalia is also the county seat of Tulare County and is the county’s economic and governmental center. The greater county of Tulare is one of the largest agricultural producers in the United States and fortunately is subject to anti-discrimination laws just like any other county in the United States.
What is Age Discrimination?
Discrimination is defined as the mistreatment of an individual based on their race, sexual orientation, racial background, cultural background, skin color, and in this case, age. Age discrimination in the workplace can include anything from regular harassment to being wrongfully terminated from a job based on your age. Fortunately, there are some anti-discriminatory laws in the state of California, and the greater United States that protect workers from age discrimination. While these laws are put in place to protect workers, there is no guarantee that they will keep employees from being discriminated against altogether. Many employers are unaware of these laws or are willing to disregard them simply. Likewise, many employees are unaware of how these laws protect them and will endure continued mistreatment from their employer. Fortunately, with the help of a skilled attorney victims of age discrimination can sue their employer for their actions and behavior. The settlements reached out of age discrimination lawsuits can include all kinds of compensation from monetary funds to pay for a loss of wages to compensation made for emotional or mental trauma. Regardless of what compensation you are attempting to fight for, it is important you can prove that the following elements are present in your case:
- 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.
Age discrimination lawsuits can be incredibly challenging to settle. These lawsuits require that employees follow a series of steps to ensure they exhausted all avenues of resolution before taking legal action against an employer. If an employee makes a mistake while following these steps they could find their case dismissed from court altogether. For this reason, it is highly recommended that you seek legal representation from an attorney experienced in the rights of workers to help guide you through the process of suing your employer. Having the right attorney by your side can truly make or break your case, and can mean the difference between earning significant monetary compensation and having your case dismissed from court entirely.
How do I File a Lawsuit Against my Employer for Age Discrimination?
Victims of age discrimination often come to our legal team asking what the best course of action is in bringing their case to settlement successfully. Unfortunately, if you experienced age discrimination at work, you must first exhaust other avenues of solution. These avenues of solution can vary from filing a report with your HR or human resources department to filing a report with a state or federal anti-discriminatory agency. If you fail to seek other forms of solution first, it is unlikely your case will find a satisfactory resolution. When victims of age discrimination come to our legal team our attorneys often recommend that they follow some of these steps that can ensure a positive outcome for their case:
- 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.
Depending on the aspects of your case, you may be able to settle far before your case ever reaches a courtroom. Often a HR department will attempt to settle a case before it can be fought in court as it is often in a company’s best interest to settle a discrimination case out of the public eye. Regardless of what route your case takes, it is highly recommended that you seek legal guidance from a legal team that is experienced in fighting for workers’ rights and has a high record of success with cases of this nature.
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 Tulare and Visalia, it may be in your best interest that you seek legal consultation from a Tulare and Visalia 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 Tulare and Visalia, 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.