Were You Discriminated Against at Work for Your Age?
While most employers value experience, they do only up to a certain point. In fact, many workers 40 years of age or older are victims of age discrimination on the job. Whether this involves being demoted to a lesser position in favor of a younger worker, having hours reduced, or being given difficult work assignments by an employer that hopes this leads to the person leaving their job, these are a few examples of what happens to older workers. While some workers may choose to walk away from their jobs or take whatever is thrown at them by their employer, others realize this behavior should not be tolerated. Since federal law prohibits age discrimination in the workplace, filing a discrimination lawsuit is an option. If you believe that you are a victim of age discrimination and want to learn more about what is involved in filing a lawsuit, speak to a workers’ rights lawyer associated with Mann & Elias.
Age Discrimination Lawsuits
If you are considering filing an age discrimination lawsuit against your employer, the Age Discrimination in Employment Act will be what ultimately determines how successful you may be in suing your employer. A federal law, it contains many protections for older workers. To begin with, it prohibits employers from treating employees who are less than 40 years old more favorably than those past age 40. Also, it bars employers from offering older workers less benefits than younger workers, especially in such areas as health insurance and retirement plans. Offering protection from job announcements to when a person may be terminated, the ADEA can be used quite well in many situations by experienced age discrimination attorneys. If you believe your employer violated the ADEA in their dealings with you, contact age discrimination lawyers Los Angeles discrimination victims use often in these cases, such as those at Mann & Elias.
In addition to the ADEA, many states also have laws prohibiting age discrimination by employers. In many situations, state laws actually afford employees greater protections than does the ADEA, and may also let employees seek a more diverse range of damages should they file a lawsuit. To make sure you know as much as possible about state laws regarding discrimination of this nature, never hesitate to contact discrimination attorneys for the workplace who will protect your rights.
First Comes the Complaint
While you may be upset with your employer and have made up your mind to pursue an age discrimination lawsuit, you will not immediately pursue this course of action. Your first step will be to file an administrative complaint with the U.S. Equal Employment Opportunity Commission. While you can choose to do this on your own, it is much better if you hire an employment attorney in Los Angeles from Mann & Elias to assist you in the process. Since you will need to explain your case in great detail to the EEOC, having an experienced attorney by your side can enable you to lay out the specific details of your case to EEOC investigators.
Going to Court
Once you have filed your complaint with the EEOC and received an answer, you are then free to pursue an age discrimination lawsuit directed against your employer if you so desire. However, while you may think you can do so only if the EEOC rules in your favor, this is not true. In fact, regardless of how the EEOC rules on your case, you will have the right to pursue a lawsuit against your employer. Once you receive the findings of the EEOC and its right-to-sue notice, you will have 90 days in which to file your lawsuit. Since it is likely you will have many questions along the way, rely on the advice of age discrimination attorneys who Los Angeles employees respect for fighting hard in these cases, such as attorneys at Mann & Elias.
Always Have Strong Evidence
Like it is with any type of lawsuit, whichever side has the most compelling and convincing evidence is usually the party that prevails. Therefore, always have strong evidence of age discrimination committed by your employer against you. This should include such things as witness statements, emails and other documents given to you by your employer, performance evaluations, and anything else you deem to be important to your case. In most situations where an employer has committed age discrimination against you, they have done so against others in the past. By working hand-in-hand with workplace age discrimination attorneys from Mann & Elias, it is likely your attorneys can find other instances of age discrimination that has existed for many years. Once this is done, it becomes much easier to convince a judge and jury that your case has merit.
While some of these cases do go to trial, many others in recent years go instead to mediation. Usually happening between the time an EEOC complaint is filed and when a trial would begin, mediation allows you to settle your case out-of-court, which can have many advantages. Among these is allowing you to retain much more control over the decision-making process, getting your case settled quicker, and letting you resolve the matter privately. Should your case go to trial, it then becomes a matter of public record. However, mediation sessions do not, allowing you to make sure few others know about the matter.
If you are still deciding if you need a lawyer for age discrimination in Los Angeles, it is likely you do. Since employers will have no problem at all suddenly making you appear to be nothing more than a disgruntled employee who is mad about not getting a raise or promotion, don't pursue litigation with inexperienced attorneys on your side. Instead, discuss your dilemma in more detail by consulting soon with a workplace discrimination lawyer in Los Angeles.