There are different ways that age discrimination can take place. You will need supporting evidence and documentation that will prove you were the victim of age discrimination and that you were terminated from your job wrongfully. If you believe that you were fired because of your age, you will need to prove an age discrimination case to receive damages for your claim filed against your employer. You will need to gather as much physical evidence as possible so you can prove the alleged behavior and wrongdoing of your employer.
There is a federal law – the Age Discrimination in Employment Act (ADEA) - that protects job applicants and employees who are age 40 or older from being discriminated against because of their age. To help your age discrimination lawsuit and to get it on the right track, you will need to recognize the different kind of age discrimination behaviors that you may encounter in the workplace. Remember that the more evidence you have that will support your case, the more likely you are to succeed with your claim.
Always keep new hire paperwork, contracts, employee handbooks, emails, memos, and other documentation that might prove that you were treated wrong because of your age. All these documents could be supporting evidence later when you are either denied a promotion or fired just because you are older than 40 and they want to put younger people in the leading job roles. Age discrimination happens more often than you think and you could be the next victim so always keep documents so you can protect yourself should the need arise.
Direct Evidence of Harassment Based on Your Age
If your employer makes fun of you, jokes about your age, calls you names, or continually harasses you about your age or age-related matters, you need to be sure to keep evidence and any supporting documentation. Keep any emails or notes that make disparaging remarks about your age. If your employer tells you – that as you near retirement age – that you are being let go so the company can go with a younger image – keep any documentation and note the details of the conversation.
Also, watch for a pattern of your employer hiring only younger employees. If you notice a pattern where you work of the company only hiring younger people, you could be on to something. Many employers won’t say it, but they are specifically looking for workers who are younger. Often, they choose younger employees because of unfounded misconceptions about work pace, ability, sociability, and knowledge.
Getting turned down for a promotion could also be a tell-tale sign of age discrimination in the workplace. If you were turned down for a promotion and the job was given to a younger worker that was less qualified and not as prepared for the job, then they may be evidence of age discrimination. Especially if you notice that there is a pattern of your employer turning down older, more qualified team members and giving promotions to those who aren’t as qualified and who are younger.
Keep all supporting evidence and documentation. Your employee handbook, any employment contracts, memos, emails, and other supporting documents can be beneficial with your claim and will be able to provide supporting evidence to show that you were mistreated and that you are the victim of age discrimination in the workplace. Also, if there are witnesses, be sure to ask them to provide statements. They could also be asked to testify if the claim advances to court.
How An Employee Rights Lawyer Can Help
If you have been the victim of age discrimination at work, you should talk with an employee rights lawyer as soon as possible. There is a statute of limitations or a time limit for pursuing a claim. An attorney will help you with the claim and get the lawsuit filed so you can recover damages. Most age discrimination cases are taken on a contingency basis, which means your lawyer will not require any upfront payment but will only be paid when you win your case.
To make sure your claim is underway in a timely manner, complete the Free Case Evaluation Form on this page. A lawyer who practices in your state will review the details of your case and determine the best way to proceed with your claim. Act today before it is too late to recover damages for your loss.