AGE DISCRIMINATION EMPLOYMENT
Employees who are fired, or laid off due to their age over 40 are victims of workplace age discrimination. Allow our experienced age discrimination lawyers to review your job termination on the basis of your age. Call 1-877-525-0700 for a winning Los Angeles age discrimination lawyer.
Good age discrimination cases are divided into two categories:
Managers Who Make Comments About the Employee’s Age Discriminatory Layoffs Based Upon Age
Our age discrimination attorneys have handled many cases in which a supervisor, or the actual employee responsible for making the termination decision made comments about the employee’s age before the employee was wrongfully terminated.
Ageist remarks may include:
Comments about retirement: when will you retire? You could retire now, or you should retire now.
Comments about speed or health: We need somebody faster, if you were younger. Are you sure you want to travel at your age? The technology is not from your generation so x is better suited to do it.
Some age discrimination lawsuits involve genuinely nasty comments such as an employee called grandma in a derogatory way; old man, or the old geezer. Where is your cane? You need better glasses at your age, are you sure you see anymore? This isn’t Aarp.
Decisions to fire employees on the basis of their age often arise in the event of a layoff. If the layoff predominately affects employees over the age of 40 the layoff may have a discriminatory impact based upon age. Decisions to end employment based upon age may also be coupled with references to the employee taking time off due to medical conditions.
AGE DISCRIMINATION LAWYERS
Experienced age discrimination lawyers can help employees evaluate whether their negative work experience amounts to age discrimination under the law opposed to something else. Some work environments may rise to the level of work stress, but do not rise to the level of age discrimination under the Fair Employment and Housing Act. Qualified age discrimination attorneys must spend some time with the victim of age discrimination to determine if the conduct at issue is substantially motivated by age over 40. Evidence of ageist comments and pretexts for termination will be examined including whether the employee over 40 was replaced, and if so the age of the replacement.
Age discrimination lawyers can help a long term employee being offered severance decide if they should accept the severance, sue, or ask for more severance. Layoff off lists with the ages of the other employees being laid off are of particular interest to an experienced age discrimination attorney. Firm Founder, Karl Gerber, had an age discrimination lawsuit against a large newspaper in which the statistician he hired testified it was statistically improbable so many people over 40 and 50 would have been randomly selected for a layoff, and the older the employee was the likelihood of being laid off became a virtual certainty.
CAN I SUE FOR AGE DISCRIMINATION?
Decisions about suing for age discrimination are personal decisions. However, an experienced age discrimination lawyer can guide an employee into evaluating the evidence of age discrimination that may exist. Experienced age discrimination attorneys can help employees decide if severance should be accepted, or negotiated. Call 1-877-525-0700 to review your potential case of age discrimination at work.
Other law firms may have different standards, but we are not able to take on cases in which an employee is merely experiencing something at work they feel may be ageist, but they have not been fired. Nor are we able to take cases regarding lack of promotion due to age. Our age discrimination lawyers focus on cases in which employees have actually been fired, and we believe we can prove the real reason for termination was age over 40.
In order to sue while still employed victims of age discrimination must demonstrate they have suffered adverse job consequences. Courts are reluctant, especially in the context of age, to rule actions short of a loss of employment constitute adverse job consequences.
We believe age discrimination lawsuits should be pursued if they can be won. The following is a brief list of evidence that may help prove a job termination was age discrimination:
Ageist remarks by a person involved in the job termination go a long way to prove a termination due to age over 40
Age discrimination in employment can be proven by statistical evidence
Evidence of a replacement with a younger, less qualified person is also significant. The replacement does not necessarily have to be under 40.
Terminations of employment based upon notions persons over 40 are no longer suited for the job often constitute good evidence of age discrimination
Layoffs that target persons over 40 especially if it is believed they are likely to suffer from medical conditions may be significant in proving age discrimination
CALL 1-877-525-0700 FOR AN EXPERIENCED CALIFORNIA AGE DISCRIMINATION LAWYER
WE ONLY TAKE AGE DISCRIMINATION LAWSUITS ON A CONTNGENCY WHICH MEANS WE ARE PAID WHEN AND IF WE CAN COLLECT MONEY FROM THE EMPLOYER