Employees over 40 years of age are protected from ageism in the workplace. They cannot be refused a job, fired, demoted, or treated unfairly because of their age.
Unfortunately, some employers will favor younger employees. Hence, workers who are over 40 tend to get the short end of the stick. In some cases, employers might even retaliate against an employee for asserting their rights in the workplace.
That said, how would Los Angeles Employment Lawyer prove ageism in the workplace? How will it benefit you if you file a claim?
How To Win An Age Discrimination Claim In California
The Age Discrimination in Employment Act of 1967 protects employees age 40 and over from discrimination in the workplace. So, if your employer displays any illegal ageism in the workplace in California, you have the right to hire a Los Angeles Employment Lawyer and sue your employer.
What Counts As Illegal Ageism In The Workplace In California?
An employer cannot make employment decisions based on an otherwise qualified employee's age. These employment actions can include:
- Hiring
- Demotion
- Pay cuts
- Firing
- Harassment
- Promotions
Do note that you can report age discrimination to HR or proper agencies. In addition, if your employer "punishes" you for doing so, you might be eligible for a California retaliation claim.
If you're unsure whether you're eligible for a claim, contact a prescreened Los Angeles Employment Lawyer. After all, no two employment claims are the same, and having experienced legal counsel assess yours is the best way to get the best advice on what you should do next.
How Do You Prove Age Discrimination In The Workplace In California?
Before quitting your position, have any documentation you received reviewed by your employment discrimination attorney to establish age discrimination. For example, such agreements could include language suggesting a corporation wants to eliminate its senior workers. Severance package information and policy processes for retirement and termination are a few examples of these documents.
Age discrimination cases can occasionally be proven prima facie. When you examine the situation, you can clearly tell that there was discrimination in this case.
Such cases are determined by the following four criteria:
- The affected worker was older than 40.
- They weren't promoted to an open position, got fired unfairly, or got degraded
- Despite having sufficient qualifications, they were not hired for the role
- After their rejection, the position remained unfilled, or someone younger than the rejected candidate took the position
Remember that greater proof of discrimination, such as explicit preferences for younger workers or seemingly random downsizing patterns, can support your claim. A Los Angeles Employment Lawyer can do their own investigations to help you compile more evidence and build a strong case.
What Can You Get For Suing An Employer For Ageism In The Workplace In California?
If successful, you can be compensated for your losses because of the unfair employee treatment. That said, damages are highly dependent on the losses you personally sustained; hence, each breach of contract claim in Los Angeles will have various damages.
That said, these damages could include any of the following:
- Income loss, past and future losses included
- Lost benefits
- Lost employment opportunities
- Emotional distress
That said, no employer will admit to doing illegal actions in California. After all, the legal fallout could cost them a lot. So, contact a Los Angeles Employment Lawyer to help prove your case.
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