We defend Elderly Workers Who are Wrongfully Terminated, Denied Employment, or Mistreated Because of their Age
Holding California employers responsible for age discrimination
Employees work hard to establish a career. Statistically, most people aren’t the best they can be in their career until gathering enough experience by the age of 40. Everyone suffers from a tough economy and tries to work as many hours as they can to have enough income. Sadly, we have seen many cases of elder employees often getting discriminated upon when for example a younger employee gets promoted because they are able to work more hours. We fight these age discrimination cases confidently, knowing California and the U.S. government protects 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 elder employee is fired, if the company refuses to interview an older applicant, if an older, more experienced 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 have trials of our 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 of discimination 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 in fact have additional rights. Most workers under 40 cannot file for 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. We asses the situation and try to understand which of the following was committed. If the employee was fired, denied a promotion, failed to receive proper training, receives lower wages than a younger worker for the same job performance or suffers any other negative consequences.
- Where the claim is brought. We asses violations of the ADEA with each claim abiding by the Equal Employment Opportunity Commission (EEOC) or through private actions.
Each type of age discrimination case has specific time limits our California age discrimination lawyers can explain the time limitations and the different remedies that apply. For example, before a court case can be opened, the case first needs to be reviewed by the appropriate state or federal agency.
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 realize that they should be discreet when they discriminate because of age and it can be difficult to identify exactly how they are discriminating. Our Los Angeles California age discrimination lawyers skillfully review the ways an employer treated you and your co-workers to build a case against age discrimination. We examine performance records, benefits, promotions, complaints, and a range of other factors to come to a proper understanding of the situation. Some examples of age discrimination are:
- Younger workers with less skills and experience are being paid more than you are.
- A business promoting someone with less experience than you or hiring a younger worker instead of promoting you to the rightful position.
- Noticing that a buisness fires the oldest workers first
- A supervisor giving an old worker an undeserved poor performance rating seemingly based on age
- An elder worker forced to work in adverse conditions
- An elder worker not receiving proper training required for the job
- Elderly employees being pressured into early retirement
Other discriminatory acts can include but not limited to; giving a specific employee the most challenging work assignments, harassing the elder workers about his/her age, and a full range of unwarranted actions. Our California age discrimination lawyers work to understand if only an individual worker is being discriminated against specifically or if there is lack of a company-wide policy to protect discriminaion 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.