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. However, as more and more employees who are 40 years old or older find out, employers are quite willing to use various techniques associated with age discrimination. Time after time, this can include older workers seeing their schedules changed so that they have fewer hours, being demoted to a job that pays less, and being passed over for promotions in favor of younger workers. In any of these situations or others where it appears age discrimination may have played a factor, it is important 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 wrong done against you, schedule an immediate meeting with an employment attorney in Los Angeles to discuss your case.
Age Discrimination at Work
If you believe you have been a victim of age discrimination at work and want help with this matter, you will do well to consult with age discrimination lawyers in Los Angeles discrimination victims trust at Mann Elias. By doing so, you can learn more about the Age Discrimination in Employment Act of 1967. A federal law, it 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 such areas as 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 to discuss the circumstances surrounding your situation.
Does the ADEA Apply to All Employers?
Unfortunately, the ADEA does not apply to all employers. In the case of private employers, the business must have at least 20 employees for the ADEA to be applicable. However, it does apply to all employment agencies and labor organizations, and also to state and local governments. But if you are a state employee who believes age discrimination took place on your job, the ADEA does not allow state employees 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. Since having a lawyer who is experienced in these complex cases can be the difference between winning or losing your case, contact Mann Elias for additional information.
Contacting the EEOC
While you may be thinking filing a lawsuit will be your most immediate recourse against your employer, the fact is your first step prior to a lawsuit will be to contact the U.S. Equal Employment Opportunity Commission with your concerns. Upon filing your EEOC complaint, an agency investigator will examine the evidence you provide and make a determination as to 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 Mann Elias Los Angeles workers’ rights lawyer as soon as possible upon receiving the right-to-sue 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 the provisions of the ADEA. 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. Along with back pay, a court can also order an employer to reinstate or even promote an employee. In addition, your court costs and attorney's fees may also have to be paid by your employer, and the employer may have to pay an additional penalty known as "liquidated damages," which in most cases is equal to the total amount of back pay you were awarded. Since Los Angeles age discrimination lawyers trusts time after time with these matters at Mann Elias know all details associated with the ADEA, turn to the law firm for 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. These include pain and suffering and emotional distress, as well as other similar damages. 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 are able to 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 the majority of the damages you receive will be based on ADEA guidelines, state law also offers you the possibility of receiving additional damages. For example, even though the ADEA does not allow for compensation related to pain and suffering, emotional distress, and punitive damages, state laws often are not as restrictive and tend to not follow the same rules as federal law.
If you have been a faithful and hard-working employee for many years but now find yourself being tossed aside by your employer simply due to your age, don't allow this to happen. To learn more about the essential elements of an age discrimination lawsuit and whether or not you have a valid case, consult immediately with Mann Elias.