The following article discusses age discrimination law in general.
Please call me to discuss your particular situation.
Age Discrimination in the Workplace
If you’re in your forties or fifties, chances are that you’re
looking forward to the prospect of retirement. If all has gone
according to plan, you are probably well established in your job,
possibly receiving a healthy amount in stock options and are right
on track for a comfortable and enjoyable retirement.
Unfortunately, all of those plans can come to a screeching halt if
you’re laid off or terminated.
Any lay off or termination is a traumatizing and stressful
event. However, the older you get, the more stressful the
experience can be. First, your job opportunities become fewer and
fewer as time goes by. Secondly, the loss of a large salary close
to retirement can seriously jeopardize your financial plans and
delay your retirement date.
While some layoffs are perfectly legal and unavoidable, others
are not. If you are laid off or terminated and you are over 40,
you need to examine whether you have been discriminated against
based upon your age. Warning signs of possible age discrimination
could be:
Your replacement by a significantly younger worker.
The lay off only appears to affect older workers.
Comments by supervisors regarding your being "burnt out" or
"in need of a sabbatical".
If you suspect that you have been discriminated against based
upon your age, you need to act quickly. Employment law is not a
simple area of the law – consequently, you should ideally consult
with an employment lawyer who can guide you through the
discrimination charge process and any resulting litigation.
Age discrimination by employers (with more than 20 employees)
is prohibited at the federal level under the Age Discrimination in
Employment Act of 1967 ("ADEA"). Several states, including
Florida, have similar statutes prohibiting age discrimination in
employment. Unlike most other disputes, the ADEA and many of the
state statutes require you to file a charge of discrimination
before filing a lawsuit in court. At the federal level, you must
file the charge with the United States Equal Employment
Opportunity Commission ("EEOC"). In many states, the filing of a
charge with the EEOC will also count as a "dual-filing" of a
charge with the appropriate state entity. Under the ADEA, a charge
must be filed within 180 days of the act of discrimination.
However, if your state has anti-discrimination laws, you have 300
days to file the charge. Either way, you are on a short-time frame
and must act fast.
After the charge is filed, the EEOC will investigate your
claims. If the discrimination is egregious and pervasive, the EEOC
may on rare occasions sue the employer on your behalf. However,
typically (due to many factors including their heavy caseload),
the EEOC will conclude that they cannot determine if
discrimination occurred and will therefore issue you a "Right to
Sue" letter. You then have only 90 days to sue in Federal or State
Court. If you do not sue within that 90 day period, your claim
will be lost forever. However, unlike the other Federal employment
discrimination statutes, you do not have to wait for the Right to
Sue letter in order to file suit in court under the ADEA. Instead,
you can file suit at any time after 60 days have passed since you
filed the charge with the EEOC. However, once the Right to Sue is
issued, you still have only 90 days in which to sue.
Age discrimination in employment causes great anxiety and
financial problems for its victims. If you think that you are a
victim of such discrimination, act fast and immediately consult an
employment lawyer.
