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Why Pursue Your Claim through Settlement with Age Discrimination Lawyer?

Author: Marcus McGowan
by Marcus McGowan
Posted: Jul 25, 2022

An employer denies hiring a candidate because of his/her age over 40 while overlooking his/her knowledge, experience, and skills

  • Replacing older employees wrongfully with younger talents
  • Denying a well-deserved promotion to an employee aging 40
  • Sudden criticism about bad performance due to age
  • Any negative action that an employer makes after age-related comments

Ageism in the US workplace is experienced widespread and can happen in many forms. It can occur clearly or subtly like promoting a young colleague by ignoring your seniority and performance or asking about your early retirement plan respectively. If you experience being discriminated against in any form because of your age, jot down each incidence as your proof and get in touch with the age discrimination lawyer in Los Angeles to protect your right and get a claim for your damages.

The ADEA involves all employers with at least 20 or above workers and applies to all federal, state, and local governments, employment agencies, and labor organizations.

Age Discrimination Laws

Apart from the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA) is in place to protect the interests of older workers in the workplace. Unlike ADEA, OWBPA offers added protection to employees from being illegally discriminated against for their age. OWBPA treats the following decisions of employers as illegal.

  • Asking aged workers for waving their rights
  • During layoffs, targeting mainly older workers
  • Age-based discrimination of any form.

Following are some signs when you should consider working with an age discrimination lawyer in Los Angeles

  • If your employer considers that continuing an aged people like you is a major burden for the company’s growth rather than a positive contributing factor
  • Employees of your age including you are not allowed promotion or attend the advanced training program.
  • The employer decides to replace the older workers with younger people. The older workers are also asked to waive their rights to pursue a further claim against Severance packages
  • The compensation you are offered is fairly lower compared to younger workers
  • After years of serving the employer, you are being punished/ rebuked/criticized for your productivity or speed of work
  • Your employer asks you about your retirement plan
  • When the younger colleagues comment jokes calling you an ‘old horse’, your employer doesn’t take any action against them.

Can you Sue for Your Age Discrimination?

Yes, of course. The above law entitles you to a claim for being a victim of ageism. You can file a charge with the EEOC, an administrative agency under the federal government. It will investigate the matter and only if your claim is found okay, you will have the right to sue.

Instead, working with age discrimination lawyers in Los Angles makes sense as they help you get your right and claim through settlement rather than entering into a court case. Litigation is typically a lengthy, stressful and costly process and this is why pursuing your claim through settlement is always a better choice.

How much Compensation You Can Get

This depends completely on the related factors. Your value of the claim will be evaluated by the lawyer before advancing in negotiation for settlement. In general, the factors that determine your possible compensation include

Back pay

Front pay

Emotional distress

Punitive damages

Liquidated damages

And Attorney’s fees and costs

Akopyan Law Firm, A.P.C. is one of the leading law firms in Los Angeles, CA specializing in practice areas such as personal injury, employment law, age discrimination, constructive discharge, disability discrimination, racial discrimination, emotional distress, family medical leave, meal and rest breaks, minimum wage, overtime, paid sick time off, retaliation, sexual harassment, tips tipped employees, whistleblower, wrongful termination, slip and fall, car, motorcycle, and truck accidents, wrongful death, etc. To know more, visit https://www.akopyanlaw.com/attorneys/.

About the Author

I'm a freelance copywriter and I write on a variety of topics.

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Author: Marcus McGowan

Marcus McGowan

Member since: Sep 26, 2016
Published articles: 58

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