Older individuals often contribute more experience, competency, and knowledge to the workplace. Still, this has not prevented some employers from using age discrimination practices against older employees and job seekers.
Driven by the assumption that older employees may either not remain in the company for the long term or have greater medical expenses, some employers sometimes make discriminatory and often illegal decisions that harm older workers unfairly.
If your company has demoted or fired you because of your age, an age discrimination lawyer can help. Most forms of age discrimination are illegal under both California law and the federal Age Discrimination in Employment Act (ADEA).
The Encino age discrimination lawyer at Fraigun Law Group knows the California discrimination laws. We will fight aggressively to preserve your rights under it. Call us today to schedule your consultation with a top Encino employment lawyer.
What Is Age Discrimination?
Age discrimination often comes in many forms. It can be something as subtle as jokes, or as overt as being asked to retire early or being passed over for a promotion by a younger colleague. Under the ADEA, it is unlawful for employers to discriminate against individuals 40 or older due to their age.
Discrimination here refers to any privilege, condition, term, or condition of employment. Examples of age discrimination include:
- Not getting a well-deserved promotion
- Wrongful termination to onboard younger talent
- Not being hired due to your age
- Sudden bad performance reviews because of age
- Any adverse action taken by an employer after age-related comments
What Steps Should I Take When Suffering from Age Discrimination in an Encino Workplace?
If you believe that you may have a valid claim for age discrimination in the workplace in Encino, you can take several steps to ensure that you are protected and preserve your rights under the law.
Keep a Journal
You should write down each occurrence of the discriminatory acts that you have experienced based on your age, including places, dates, times, names of the individuals involved, and the names of witnesses so that you can have proof they happened. Keep this journal either at home or in a safe place, but never at work.
Report it in Writing
Employers often have age discrimination policies in their employee handbooks. If your employer has it, follow the procedure in the handbook for reporting age discrimination and harassment. If your employer doesn’t, make a written report to a supervisor or someone in human resources. The report doesn’t even have to be formal or long. An email works just fine.
Keep copies of emails and other documents that you have sent or received from your employer regarding the complaint. You should also keep copies of emails and other documents that you have received that you suspect are harassing or discriminatory.
Obtain a copy of the employee handbook if your employer has one. Don’t forget to keep copies of any positive letters and performance reviews. Keep such records either at home or in a safe place, but never at your place of work.
Do Not Quit
Nobody wants to experience age discrimination at their place of work. Unfortunately, the pressure becomes too much for some employees, who simply quit before reporting age discrimination and harassment.
You should never quit before reporting age discrimination and harassment since doing so will only make it harder for you to win a lawsuit. If you are experiencing age discrimination at your workplace, talk to our experienced employment lawyer to learn how to preserve your legal claims.
Contact an Age Discrimination Lawyer
Finally, you should contact an experienced Encino age discrimination lawyer at The Fraigun Law Group today to learn more about your rights as an employee under the law and options to pursue your employer for the harm that they have caused or allowed to occur in the workplace.
Age Discrimination Claims in Encino, California
If you are a resident of Encino, you have extra protection under California state laws. Besides federal policies, the Fair Employment and Housing Act (FEHA) applies to employers that operate businesses with 5 employees or more.
Just as is the case with federal law, you will also be required to provide documented evidence of instances where you felt singled out due to your age. The ADEA has specific protections in place for those specific situations.
To file a successful claim, you will be required to prove that you have attempted to mediate, confront, and resolve the matter. It is achieved by filing with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).
The following are some common signs of age discrimination in the workplace.
- Your employer hires younger employees exclusively.
- You suffer verbal discrimination or harassment due to your age.
- You are laid off without any reasonable explanation.
- Your employment title is eliminated without any reasonable explanation.
- You are isolated or left out of meetings in your workplace.
- You are consistently turned down for promotions even with better work than others.
- You are consistently overlooked for challenging tasks or career-advancing work.
- You start receiving performance improvement plans (PIP) even though you have exemplary work.
If any of the above apply to you, it is important to reach out to our age discrimination lawyer at The Fraigun Law Group. Marina Fats Fraigun has helped countless clients through their age discrimination claims.
How Our Encino Age Discrimination Lawyer Can Help
If you have been discriminated against at your place of work and filed a complaint, it is especially important to hire the experienced Encino age discrimination lawyer at Fraigun Law Group since it can be incredibly challenging to prove it.
Employers often disguise the discrimination by claiming that the younger applicant who was hired was better qualified or that layoffs were imminent. Furthermore, not all forms of age discrimination are prohibited.
Marina Fraigun has handled numerous age discrimination claims in the past and will help you prove the following elements:
- Your employer is covered by age discrimination laws.
- You, the applicant or employee, are 40 years of age or older.
- You were affected adversely by an employment action by your employer.
- The adverse employment action was taken against you due to your age.
Our team is also well-versed in our state’s unique laws and is prepared to provide you with options, no matter how complex your situation might be. You can count on us to protect your rights under the law and look after your well-being.
Are There Time Limits for Filing an Age Discrimination Lawsuit?
Yes. The statute of limitations is defined as the length of time the plaintiff has to file a lawsuit. It is essentially the maximum amount of time someone is allowed to wait before starting legal proceedings. The period varies per state and depends on the type of lawsuit.
As of January 1, 2020, victims of age discrimination and harassment in the workplace have 3 years to file an official with the Department of Fair Employment and Housing (DFEH). You must file an official complaint before you can proceed with a lawsuit.
Facing Age Discrimination at Your Encino Workplace? We Can Help!
If you believe that you have been harassed, terminated, or passed over for employment or promotion due to your age, we would like to hear from you. The Fraigun Law Group presents people in Encino and throughout the greater Los Angeles area facing circumstances similar to yours.
Call us today at 818-981-1800 to speak to a knowledgeable age discrimination lawyer. We look forward to hearing from you and working with you.