Age discrimination is considered to take place when an employer treats an applicant or employee less favorable due to their age. This is not something that people can control and it is unfair to the person receiving the unfavorable treatment.
Discrimination can occur when someone is laid off due to their age. It can also occur if a person is denied work benefits, job assignments, promotions, and more. If you are unsure of whether or not this has happened to you, be sure to talk with us. Every situation is different.
Some examples include, but are not limited to:
However, it is important to keep in mind that all age discrimination cases are different. If you suspect you were fired for being more experienced and having seniority in the company, you will want to reach out to us. We can help you receive compensation.
If it is determined that you experienced age discrimination, you can receive the following compensation:
Many people can be financially hurt by age discrimination. If it has happened to you, your best option would be to react quickly. That way, you can receive compensation. There are more reasons why you want to act right away.
If you are still performing your duties, your employer is not allowed to make you retire at a certain age. They are only allowed to let you go if you can no longer manage your day-to-day tasks.
There are some exemptions to this rule. Police officers may be required to retire at a certain age to ensure they are removed from the force before the injury becomes likely. An attorney can let you know exactly if you qualify.
Employers may offer you an early retirement when they need to reduce the size of their workforce. If you volunteer to leave early, the company would not be breaking the ADEA. However, you should receive increased benefits or severance for agreeing to go.
If you are not sure that the early retirement offer you received is fair, contact us. We can help you receive the best benefits.
There are a few situations where age can be a qualification for gaining a new job. For example, if a company wants to hire an actor who fits the age of a character or a model for a teen clothing shop, the employee is expected to fit a certain age range.
This is known as BFOQ, or Bona Fide Occupational Qualification. It is one of the only instances where age can be a factor in achieving or retaining employment. That being said, if an employer sets age as a qualification, they will need to prove that it was necessary. They will need to demonstrate that the limit is required for the employee to work the most effectively.
If you believe that an unfair age limit was set, it is important that you reach out to a California discrimination lawyer. That way, the company is not able to continue doing this to other people.
The Supreme Court has guidelines in place that state an employer is not violating the ADEA by giving favorable treatment to an older worker over a younger one. This is true even if the younger worker happens to be over the age of 40.
In other words, the ADEA is only able to protect those who are discriminated against for being over a certain age, not under it. Or, that the ADEA only prohibits discrimination that favors younger employees over older ones. The context of your situation will also be very important in building your case because of this.
Overall, age discrimination is very serious. If it has happened to you, you deserve compensation for any damages you received.
The sooner you talk with an attorney, the better. Doing so will allow them more time to build up your cause. Plus, you will be able to avoid the statute of limitations coming into effect. If you know you have been discriminated against due to your age, the ADEA will protect you. There is no need to wait.
In California, there are strict statute laws. To preserve your claim, you must file within one year of the date you were discriminated against. It can be difficult in some cases to determine the exact date, so it is better to react sooner than later.
Overall, you will have the best chances of success with your claim if you decide to file sooner. Your lawyer will be able to prepare a very strong case for you.
