Orange County Employment Lawyers Blog
The number of laid-off workers claiming they were discriminated against based on age continues to increase.
Employers are not allowed to discriminate based on an employee’s age and a California age discrimination lawsuit in such cases.
Researchers know that when the the economy suffers so do employers and there is often an increase in worker’s who are laid off. When employers lay off workers they often try to get rid of older workers first because they usually command higher salaries. This can be devastating because many of these workers were counting on those earning years to save for retirement after the kids are raised.
Federal and state laws regarding age discrimination do not allow discrimination against an individual who is 40 or older. Discrimination is not allowed with regard to benefits, pay, promotions, layoffs, or hiring.
If you believe age discrimination is taking place in your workplace then there are a few steps you can take.
First, you should refute stereotypes. If are a worker above 40 than you should take steps to counter the typical stereotypes that older workers are less energetic and flexible than younger workers.
An older employee should not be required to prove their basic skills with technology any more than young employees. But unfortunately many employers may believe the stereotype that older workers are less skilled with technology – it is important to combat this stereotype.
If you do have trouble with technology it can be a great idea to take a few classes to stay up to speed.
If you believe you were denied a promotion or laid off due to your age then you will need to provide proof. Generally an individual will have to show that they were over the age of 40, acceptably performing their job duties, and replaced by a younger employee.
Employment law is a complicated area if you believe you have been laid off, denied a promotion or not hired due to your age you should contact an attorney to look over documents regarding your job performance and other potential evidence.
If you believe you have been discriminated against on the basis of age then you should know that you have to move fairly quickly to file a claim with the EEOC. The timeline may vary depending on which state you are in.
As an older employee who is suspicious of age discrimination you should carefully consider a buyout offer from your employer carefully before accepting. These offers usually force the employee to waive their right to sue the employer for age discrimination. If you have been offered a buyout agreement you should consult a California employment lawyer to review the agreement and ensure you understand every aspect of an agreement you intend to sign.
If you would like to remain with your employer you should utilize the internal processes through the human resources department and document the process very carefully. Experts agree that sometimes management is not even aware the discriminatory treatment of older workers and the problems need to be brought to their attention before a solution can be developed.
Costa Mesa employment lawsuits can be filed with the help of the Nassiri Law Group, practicing in Orange County, Riverside and Los Angeles. Call 949.375.4734.
Additional Resources:
EEOC – Age Discrimination, United States Equal Employment Opportunity Commission.
More Blog Entries:
Baby Boomer Age Discrimination Rampant Nov. 22 2013, Orange County Age Discrimination Lawyer Blog
California Age Discrimination Lawsuit Finds Fire Department Under Fire
, Nov. 16 2013, Orange County Age Discrimination Lawyer Blog