San Diego Age Discrimination Attorney
As people age, they may find that it is more difficult to find a job or stay employed in their current position. Employers may try to push older employees out in favor of younger workers who may accept lower salaries or cost less to provide benefits for. Laws protect older workers from discriminatory acts and practices.
If you were discriminated against at work for your age, the knowledgeable San Diego Employment Law attorneys at Browne Employment Lawyers, PLC want to help. Contact us for a confidential consultation.
Enlisting the help of an age discrimination attorney in San Diego when battling an age discrimination issue is fundamental. Here’s why:
Employment law, particularly related to age discrimination, can be complex. A knowledgeable lawyer will interpret and apply relevant laws such as the Age Discrimination in Employment Act (ADEA) to determine if any unlawful behavior has taken place.
To build a strong case that supports your claim of unlawful age discrimination, an attorney can assist in collecting and presenting pertinent evidence. This could include witness testimony, documents such as emails or text messages that may expose discriminatory behavior, or statistical data showing a pattern of discrimination within the company.
To ensure you gain maximum compensation for your claim, it’s vital to correctly calculate the damages owed to you. A San Diego age discrimination lawyer is experienced in assessing different types of damages such as lost wages, potential future earnings, emotional distress, and more. They understand how to estimate the monetary value that truly reflects your losses.
Employment disputes don’t always require litigation in courtrooms; often, they can reach resolution with effective negotiations. A San Diego age discrimination attorney skilled in negotiation will represent your best interests in discussions for a settlement. This could potentially lead to quicker resolutions and less stress for everyone involved.
Tackling age discrimination on your own can be challenging, but having the right legal expert by your side can change the whole game. With an empathetic approach and solid understanding of age discrimination laws, an attorney can make a significant difference in the success of your claim.
Pursuing an age discrimination claim can be an overwhelming situation. This is where Browne Employment Lawyers step in, providing reliable support throughout this complex process. Here’s why you should consider us for your legal needs:
Browne Employment Lawyers brings to the table a wealth of legal experience. Our team comprises seasoned professionals who are well-versed in labor laws and related issues. This expertise ensures you receive well-informed advice while navigating your way through an age discrimination claim.
Championing your rights is our top priority, and we aggressively pursue justice in every case. We speak up on your behalf and fight to assure that no unfair or unlawful treatment against you goes unchallenged.
Another significant aspect of our service at Browne Employment Lawyers is our commitment to ongoing communication. We believe that maintaining open channels with you helps alleviate the stress often associated with legal proceedings. From explaining legal jargon to keeping you updated about crucial developments in your case, we ensure transparency throughout the entire process.
With Browne Employment Lawyers by your side, you can confidently navigate the complexities of an age discrimination claim, knowing that a team of experienced legal professionals is working relentlessly to ensure your rights as an employee are protected and upheld.
It can sometimes be difficult to prove age discrimination because employers may not explicitly state that age was a factor or the cause of the adverse employment decision. An experienced age discrimination attorney in San Diego can investigate and gather evidence to help establish grounds for the claim by evaluating information such as:
In cases of age discrimination in San Diego, the law seeks to “make whole” those who have suffered unfair treatment. Essentially, the aim is to return you to the position, or as close as possible to it, that you would have been if no discrimination had occurred.
The specific types of compensation and relief available can vary based on how the discriminatory action impacted you. For example:
Job Placement: If your claim involves being unfairly overlooked for a job or promotion because of your age, one potential remedy could involve being placed into that position.
Back Pay and Benefits: Another form of relief may include receiving back pay corresponding to what you would have earned had there not been any discriminatory action. This includes wages lost due to not having been hired or promoted alongside benefits (health insurance and retirement contributions) that were also missed out on during this time.
Front Pay: This type of compensation addresses the earnings you will miss out on in the future as a result of age discrimination, until you are able to secure a position comparable to the one lost or denied. Front pay is especially relevant where returning to your former job isn’t possible or if reinstatement isn’t appropriate under the circumstances.
Emotional Distress Damages: Beyond financial losses, experiencing discrimination can take a significant toll on your mental health and emotional well-being. Emotional distress damages aim to provide solace for this pain and suffering, recognizing that some effects of discriminatory practices go beyond financial damages.
Punitive Damages: Punitive damages serve as both a penalty and a deterrent. They are awarded in cases where the employer’s behavior is found to be especially harmful, showing malice or reckless disregard towards your rights under anti-discrimination laws.
(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
Each type of compensation plays an essential role in addressing various facets of harm experienced by victims of age discrimination.
The two primary laws that protect workers in California from age discrimination are the federal Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA). These laws protect job applicants and employees who are 40 or older from employment discrimination. These laws specifically prevent workers from being discriminated against due to their age, including being:
The federal law applies to employers with 20 or more employees and requires a higher burden of proof than the state law. Under the federal law, the employee must show that the employer made an adverse decision because of the employee’s or applicant’s age (if 40 or older). In contrast, the state law only requires showing that age was a substantial motivating factor in the adverse employment action. Additionally, the law applies to employers with five or more employees.
Before filing a claim based on age discrimination based on federal or state law, employees must generally exhaust their remedies by filing a claim with the applicable governmental agency.
Another law that may be impacted by age is the federal Older Workers Benefit Protection Act. This law gives employees aged 40 or older the right to review any documents that waive their rights for 21 days. They also have seven days to revoke a severance agreement.
Some examples of age discrimination you may encounter in the workplace include:
If you believe that you were wrongfully terminated due to your age, the knowledgeable wrongful termination attorneys at Browne Employment Lawyers will help you get the justice you deserve.
Navigating an age discrimination case involves overcoming specific hurdles. Some of the challenges include:
Evidence Gathering: One of the most formidable challenges in age discrimination cases is collecting concrete evidence that proves discrimination based on age. Unlike tangible evidence of theft or physical damage, age discrimination involves nuances and subtleties – remarks, patterns of behavior, and decisions – that can be difficult to document conclusively.
However, our approach involves meticulous documentation and corroboration. We gather emails, memos, and performance reviews that may reflect bias. We also interview witnesses who can attest to discriminatory remarks or actions. Additionally, we analyze hiring and firing trends to look for signs of systemic discrimination.
Overcoming Employer Defenses: Employers often deploy a range of defenses in age discrimination cases. One common one is:
In response to performance-based rationale, our strategy involves a detailed examination of the employee’s work history and performance evaluations. We look for inconsistencies in the employer’s claims versus documented evidence. If an employee has consistently received positive reviews but suddenly faces criticism or termination after reaching a certain age or after making known their concerns about age bias, this pattern can support an argument against the purported performance issues.
If you were discriminated against at work for your age, there are steps you can take to protect your rights. One of the first ones to take is to reach out to the knowledgeable San Diego age discrimination lawyers at Browne Employment Lawyers for help. We can discuss your legal options during a confidential consultation. Contact us today to learn more.