What Is the Statute of Limitations to File an Age Discrimination Lawsuit?
Being discriminated against for your age can be both a frustrating and debilitating experience. Victims of workplace age discrimination are often forced to work in unfair conditions, as they are either refused promotions, adequate pay or even are forced to endure hostile work environments. Fortunately, victims of workplace age discrimination have every right to file a claim against their employer to compensate for damages such as a loss of wages, a loss of future wages, and even emotional distress. Many who attempt to file these claims, however, are unaware of the statute of limitations, and how they influence their case. If you or a loved one experienced age discrimination in the cities of Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Visalia, Riverside, or any other part of the state of California, our workplace age discrimination lawyers at California Labor Law Employment Attorneys Group could help guide you through the process. Our attorneys are committed to ensuring all of our clients receive the resources they need to earn the compensation they deserve. 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.
Workplace Age Discrimination
Under federal and state law, it is illegal for an employer to discriminate against an employee. Workplace discrimination can involve anything from constantly harassing a worker, or refusing promotions and even adequate pay. One can be discriminated against for their color, race, sexual orientation, cultural background, religious background, or regarding this article, age. Being discriminated against can often create a hostile work environment for the worker being discriminated against. These hostile environments can make an employee feel pressured to either quit their job or continue enduring unfair treatment. Fortunately, victims of workplace age discrimination have every right to sue their employer if their actions break federal and state anti-discrimination laws. When filing a workplace age discrimination lawsuit, one of the following elements must be 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.
When people with age discrimination cases come to our legal team for representation, they are often left unaware of the statute of limitations and how they influence their case. Fortunately, our age discrimination attorneys are well-versed in the rights of workers and how the statute of limitations may influence their case.
Time Limit in California to File A Lawsuit Against Your Employer For Age Discrimination
Often, our clients with age discrimination lawsuits ask our attorneys what the statute of limitations are, and how they influence their case. The statute of limitations is the deadline an injured or damaged party has to bring their case to court and file a claim against the defendant. If there is a failure to follow this time limit, it is likely that your case will be dismissed from court. The statute of limitations can vary dramatically from state to state and can change depending on the kind of case you are attempting to file.
The deadline to sue an employer in California for age discrimination can vary depending on how you are attempting to file your case. Often, discrimination cases can be settled outside of court between employer and company’s Human Resources or HR department. An HR department is put in place by a company to settle disputes between workers, their bosses, and even employers. Unfortunately, not every age discrimination case is settled this way. If you are attempting to file an age discrimination lawsuit against your employer, you must file a report with a state-run anti-discrimination agency or the federally led Equal Employment Opportunity Commission. These agencies are put in place to enforce the strict anti-discriminatory laws that are enforced across the United States. When you file a report with an anti-discrimination agency, they will either approve or deny your case. If they approve your case, you will receive a ‘right-to-sue’ letter which gives you and your attorney the right to take your employer to court.
For age discrimination cases, the statute of limitations doesn’t come into effect until the ‘right-to-sue’ letter is issued. The statute of limitations also depends on which agency you decided to file your case with. If you filed a claim with the federally run Equal Employment Opportunity Commission, you have 180 days from the date of being issued your ‘right-to-sue’ letter to bring your case to court. On the other hand, if you filed a report with a state-run anti-discrimination agency you have 300 days from the date of your ‘right-to-sue’ letter.
The process of filing a lawsuit against your employer for discrimination can be incredibly challenging especially without the help of a skilled attorney. When you file a claim with our legal team, our attorneys will often recommend that you adhere to the following steps to better guarantee a positive outcome for your case:
- Contact an 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 an 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.
How California Labor Law Employment Attorneys Group Can Help
It has been shown that workplace discrimination and age discrimination can lead to emotional trauma that a victim can feel for years afterward. Victims of age discrimination often feel trapped, and as such may be unaware of their options of resolution. With the help of a law firm experienced in fighting workplace discrimination cases, victims can receive the positive resolution that they hoped for. If you or a loved one has experienced age discrimination at work, and are unaware of how the statute of limitations influence your case our attorneys at California Labor Law Employment Attorneys Group can help you. Our well-versed workplace discrimination attorneys can guide you every step of the way from filing a report with the right anti-discrimination agency and follow the statute of limitations. Victims of workplace age discrimination can contact our law offices to learn more about how we can assist. While our law firm is based in Los Angeles, our attorneys also practice in Fresno, Bakersfield, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, San Diego, 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.