Can I Sue My Employer For Age Discrimination?

by Tyler P. A Passionate Blogger - Entertainment

Age discrimination in the workplace has continued to be a persistent problem. Even though there are hefty penalties for those employers who discriminate their employees due to age, employers still commit this offense. It's against the California law to discriminate against any employee aged 40 and above. Just like gender and race, age is also a protected class. If you or someone you know has become a victim of age discrimination, you need an employment attorney. He/she will enlighten you on the available grounds you may sue your employer on. Again, the attorney will use his/her skills to ensure your rights have been protected. This is because if you file a complaint alone, it may be difficult to win.

What is Age Discrimination In Employment?
Age discrimination in employment involves an employer who discriminates against employees aged 40 years or even older. Age discrimination can sometimes be stressful; that’s why you may require to hire a job discrimination lawyer to assist you in understanding the many aspects involved in discrimination cases. This act doesn’t protect people who are less than 40 years, though some states have laws protecting the young workers. Age discrimination can be established by the many aspects of employment, including but not limited to:

Unlawful firing

Reduction in salary

Denial of equal pay
Denial of medical leave
Layoffs
Job assignments
Denial of promotion

If you have been harassed due to age, you can hire a job discrimination lawyer to help you determine whether you have been discriminated against because of your age. This is because discrimination takes many forms. It’s not all about age; an employee can get fired because of other unlawful actions.

What Are My Rights Against Age Discrimination?
An employee in California is protected against age discrimination by the federal Age Discrimination Employment (ADEA) that covers employers with at least 20 employees. If you have been wrongfully fired because your employer says you’re an old worker, you can contact a top plaintiff employment attorney can help you get your job back. A knowledgeable attorney understands ADEA proceedings and the deadlines that relate to the legal claims. In any case, where your employer treats you less favorable because you’re more than 40 years, he/she may be violating ADEA. The only option you have if you’re discriminated against due to age would be to file a lawsuit with the Equal Employment Opportunity Commission (EEOC). However, it’s very difficult to prove age discrimination in employment. You must show that were it not for your age, and you wouldn't have received the unfavorable treatment from your employer. It’s advisable to have a good understanding of the scope of age discrimination. With this, you can better advocate for your rights by looking for a top plaintiff employment attorney who can help you file the lawsuit.

Proving Age Discrimination In The Workplace

Imagine your employer deciding not to send those employees over the age of 40 years to a work seminar. This may qualify as age discrimination. But what evidence can help prove you were indeed discriminated against? To provide evidence, you should:

Make notes and document every record as soon as you experienced discrimination because of age.
Include the names of those who were present during the age discrimination
Note the date, time and place where the discrimination occurred

The above information can be helpful to your attorney to help him/her know the strategy to take to defend your case.