If you believe that you were fired from your job because of your age, you will want to file a claim against your employer for wrongful termination. You need to gather as much supporting evidence and documentation as possible, so you can prove your case and win your claim. Remember, documentation and evidence are essential to a successful age discrimination lawsuit against your employer for wrongful termination. If you win your lawsuit, you may be entitled to recover damages from your employer.
There are federal laws in place to protect those ages 40 and older from age discrimination. If an employer violates these laws, then you have legal recourse and you can take legal action against your employer for discriminating against you and for violating the laws that are in place to protect older workers. Be sure to maintain thorough documentation to support your claim, and ask any witnesses to provide detailed statements regarding what they saw and heard.
Here are some of the damages that you may be entitled to recover in your lawsuit:
- Back pay and front pay – If you have been the victim of age discrimination and succeed with your lawsuit, you may be entitled to both back pay and front pay. Back pay is lost earnings that result from the date of the discriminatory act to the date there is a judgment in your favor. Front pay is your future loss of earnings – what you would have earned in that position – if you hadn’t been terminated.
- Damages for emotional distress – Sometimes called pain and suffering, you may recover compensation for your mental and emotional injuries suffered because of the discrimination. You must be able to prove that you suffered emotional distress and mental trauma because of being fired because of your age.
- Damages for lost benefits – You may also ask for damages for the benefits that you lost when you were fired. This could include health care coverage, dental insurance, 401k plans, pensions, profit sharing, and stock options.
- Punitive damages – Sometimes the court will award punitive damages to punish the employer for their egregious conduct. The ADEA allows an employee to recover “liquidated damages” where the employee proves that the discrimination of the employer was willful.
There are limits to how much you can recover in punitive and compensatory damages. These limits differ depending on the size of the employer. For employers who have anywhere from 15 to 100 employees, the award is capped at $50,000. For employers with 101 to 200 employees, the award is limited to $100,000. For employers who have 201 to 500 employees, the limit is $200,000. Employers who have more than 500 employees see the limit capped at $300,000. Your attorney will be able to determine the actual number of employees for your place of employment.
Your attorney will review the details of your case and determine which damages that you suffered and how much you are entitled to recover through an age discrimination lawsuit after having been wrongfully terminated by your employer. When you file your claim, you will want to make sure you have all your damages and losses include and that you have the supporting documentation that you need to show that you suffered because of this mistreatment. Your attorney will work to itemize your damages and make sure that you are fairly compensated for all your losses when the claim is settled.
How An Employee Rights Lawyer Can Help
If you have been fired because your employer discriminated against your age, you may be able to pursue an age discrimination lawsuit for wrongful termination. When you work with an employee rights lawyer, you are much more likely to have a successful claim against your employer. Your lawyer will help you with your claim and the lawsuit, so they will help gather supporting evidence and documentation so you can recover damages.
Most employee rights lawyers will take cases on a contingency basis, which means that you will not pay anything upfront. Instead, your attorney will only be paid after you win your case and get a judgment against your employer. There is a statute of limitations for pursuing a claim, so complete the Free Case Evaluation Form on this page so an employee rights attorney in your area will review the details of your case and determine the best way to proceed with your age discrimination lawsuit against your employer.