Fighting for Older Workers Who are Fired, Not Hired, or Mistreated Because of their Age
Holding California employers responsible for age discrimination
Employees work hard to establish a career. For many workers, they are just starting to get good at their job when they reach age 40. Many workers, in a tough economy, need to work as long as they can. So, it’s devastating to see a younger worker promoted or to lose a job because of advanced years. Both California and the U.S. government protect older workers from age discrimination.
At Stephen Danz & Associates, our California age discrimination attorneys understand the subtle and direct acts that constitute age discrimination. If an employee is fired, if the company refuses to interview an older worker, if an employee doesn’t get a promotion, or if other negative acts take place – our lawyers fight to hold the employer liable if laws were broken. Our lawyers pursue claims before the proper agencies and try cases before juries in state and federal court. We demand full compensation and reinstatement for any wrongful acts. When the law allows, we also demand punitive damages and legal fees.
Which age discrimination laws apply
Discrimination in the workplace is illegal under both the California Fair Employment and Housing Act (FEHA) and the Federal Age Discrimination in Employment Act (ADEA) and one of the premier types is discrimination on the basis of age. The Older Workers Benefit Protection Act (OWBPA) also provides additional federal protection against age discrimination. Under the laws, individuals over the age of 40 are considered a protected class.
At Stephen Danz & Associates we review the following issues to see if age protection laws were broken:
- The age of the employee. Workers 40 and over do have rights. Most workers under 40 cannot bring an age discrimination case.
- The type of company the employer is. The ADEA, for example, only applies to employers who have 20 or more full time or regular part-time employees. Some employers, such as the U.S. Government are exempt from the ADEA. The FEHA applies to employers with just five or more employees.
- What type of discrimination took place. We review the conduct of the employer, the supervisors, and co-workers towards each claimant.
- We also analyze what type of action was taken against the employee. Was the worker fired, not promoted, did he/she fail to get proper training, get less pay than a younger worker for the same job performance or, suffer other negative consequences?
- Where the claim is brought. Violations of the ADEA being with a claim before the Equal Employment Opportunity Commission (EEOC) or through a private actions
Each type of age discrimination case has specific time limits our California age discrimination lawyers can explain and different remedies that apply. For example, before a court case can be brought most state and federal claims need to brought before the appropriate state or federal agency first.
Examples of work-based age discrimination
Any worker who is treated differently because of his/her age may have an age discrimination claim. Most employers try not to be obvious about the ways they discriminate. Our Los Angeles California age discrimination lawyers skillfully review the ways employer treated you and your co-workers to build a case for age discrimination. We examine performance records, benefits and promotions, complaints, and a range of factors. Some examples of age discrimination are:
- Younger workers with less talent are being paid more than you are
- A business promotes someone with less experience than you or hires a young worker instead of promoting you
- A company fires the oldest workers first
- A supervisor gives an old worker an undeserved poor performance rating
- The older worker is forced to work in adverse conditions
- The older worker doesn’t get the training he/she needs to the job or advance
- The employee is forced to take retirement too early
Other discriminatory acts can include giving the worker the worst work assignments, harassing the older worker about his/her age, and a full range of unwarranted actions. Our California age discrimination lawyers work to see if an individual worker is being discriminated against individually or if there is a company-wide policy to discriminate against all older workers.
Get help from a persuasive age discrimination lawyer now
Do not assume that you don’t have rights if you lose your job or suffer at work because of your age. Also, do not think age discrimination laws just apply to workers 60 and older – they apply to workers as young as 40. You may have the right to hold the employer responsible for age discrimination. If you were discriminated against, our Los Angeles age employment lawyers will fight to get you reinstated and to get you substantial benefits.
Proving age discrimination is a difficult task that requires the experience and tough advocacy of reputable employment lawyers. For help from a strong lawyer, please call Stephan Danz & Associates at (877)-789-9707 or complete our contact form to make an appointment. We see clients throughout California. Initial consults are free. We take cases on a contingency fee basis.