HAVE YOU EXPERIENCED AGE DISCRIMINATION AT WORK?
As workers get older, they expect their employers to respect and value them for their experience and knowledge on the job. Many older employees find out that’s not the case as they notice a difference in schedules, demotions, reduced pay, or getting passed over for promotions in favor of younger workers.
In any situation where it appears age discrimination may have played a factor, it is vital to hold an employer accountable for their actions and decisions that will significantly impact the financial future of you and your family. If you are determined to take action and right the wrongs done against you, schedule an immediate meeting with an employment attorney in Los Angeles to discuss your case.
Age Discrimination at Work
Suppose you believe you have been a victim of age discrimination at work and want help with this matter. In that case, it’s best to consult with age discrimination lawyers in Los Angeles that discrimination victims trust at Mann & Elias.
The Age Discrimination in Employment Act of 1967 is a federal law that offers legal protection to workers who are at least 40 years old regarding age discrimination. Under this law, employers cannot discriminate due to a person’s age when it comes to hiring, training, benefits, promotions, layoffs, and other related areas. If you were denied a promotion or believe you were laid-off from your job due only to your being an older worker, meet with a workplace discrimination attorney in LA to discuss the circumstances surrounding your situation.
Does the ADEA Apply to All Employers?
Unfortunately, the ADEA does not apply to all employers. Private businesses must have at least 20 employees for it to be applicable. It also applies to all employment agencies, labor organizations, and state and local governments.
If you’re a state employee who believes age discrimination took place on your job, the ADEA does not allow you to sue the state for damages. Due to the various rules and regulations that apply in these cases, you may ask yourself if you need a lawyer for age discrimination in the workplace. Having a lawyer makes a significant difference between winning or losing your case.
Contacting the EEOC
Filing a lawsuit will be your most immediate resort against your employer. But first, you must contact the U.S. Equal Employment Opportunity Commission (EEOC) with your concerns. Upon filing your EEOC complaint, an agency investigator will examine the evidence you provide and determine whether or not you have a valid case of age discrimination. However, no matter what ruling comes down from the EEOC, you will still maintain the legal right to sue your employer for their alleged discrimination.
To do so, you must receive the right-to-sue letter from the EEOC, which then gives you only 90 days to file your lawsuit. Since time may not be on your side in these instances, speak to a LA workers’ rights lawyer as soon as possible after getting the letter.
Suing for Damages Under ADEA
Once you decide to use the ADEA to your advantage and sue your employer for age discrimination, you will be entitled to various damages under its provisions. The most common is back pay, which is all wages, benefits, and other compensation you may have lost due to the discriminatory actions of your employer.
A court can also order an employer to reinstate or promote an employee along with back pay. We understand your hesitance in hiring a lawyer. We can make any attorney fees part of your settlement. In legal terms, we call this “liquidated damages,” which in most cases is equal to the total amount of back pay you got awarded.
At Mann & Elias, we know all the details surrounding ADEA policies. Our attorneys offer expert guidance regarding the steps you need to take.
Damages Not Covered by ADEA
While you may be eligible for many different damages under the ADEA, it does not cover certain types of damages, like pain and suffering and emotional distress. In regards to punitive damages, these are also not available under ADEA, except for any liquidated damages the court may order your employer to pay. To ensure you can sue for all damages to which you are entitled, rely on the knowledgeable advice of our workplace age discrimination attorneys.
Suing Under State Law
While most of the damages you receive will be based on ADEA guidelines, state law also offers you the possibility of obtaining additional damages. Although the ADEA does not allow compensation related to pain and suffering, emotional distress, and punitive damages, state laws are often not as restrictive. They tend not to follow the same rules as federal law.
If you have been a faithful and hard-working employee over the years, but find yourself getting tossed aside by your employer simply due to your age, report it! To learn more about the essential elements of an age discrimination lawsuit and whether or not you have a valid case, consult immediately with our firm.