Los Angeles Age Discrimination Lawyer – Employment Lawyer Los Angeles
If your company fired or demoted you because of your age, an age discrimination attorney can help. Most forms of age discrimination are illegal under California law and the Age Discrimination in Employment Act (ADEA).
Los Angeles Age Discrimination Lawyer
Older people tend to bring more experience, knowledge and skills to the workplace. But some employers use age discrimination tactics against older job seekers and workers. Not realizing that older workers have high medical costs or may not stay long with the company, they sometimes make discriminatory and illegal decisions that unfairly harm them.
Age Discrimination In The Workplace
At the Rubin Law Firm, our Los Angeles discrimination attorneys know discrimination laws. We fight hard to protect your rights. We can help you in Los Angeles, San Diego, Sacramento and throughout the Southern California region.
Age discrimination is any action an employer uses against you based on your physical age or years of experience. This can happen when you apply for a job, or when you work at a job. Most of this is illegal, although there are some limited cases, as I’ll detail in a moment.
Because it can be difficult to prove directly, courts often look to circumstantial evidence to find age discrimination by looking at all the facts involved and comparing what happened to you to what happened to younger workers.
Employers often blame factors unrelated to age such as downsizing, downsizing, or restructuring illegal activities. However, you can recognize age discrimination when your employer commits unfair employment practices because employees who are the same age as you, but younger, are treated differently and better. Other conditions include:
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If you and a coworker who received the same treatment are over 40 years old, you may have grounds to file a discrimination lawsuit. Contact The Rubin Firm for a free legal consultation to determine if you have a case.
In California, if you are at least 40 years old and work in a workplace with at least 20 employees, the law protects you from discrimination in the workplace because of your age.
However, not everyone has rights under the ADEA or state anti-discrimination laws. Small employers may discriminate against you. If you work in a “senior policy-making capacity” and receive an annual pension of $44,000 or more, you are also exempt from the Age Discrimination Act. Additionally, if you work in an occupation that requires youth (for example, modeling or acting), the ADEA and state laws do not apply. Some employee contracts, including university professors, police officers, and firefighters, may contain clauses that allow age discrimination.
By the way: it doesn’t count if your company asks you to quit voluntarily. But if you do, you will sign a guarantee that you will not be convicted of age discrimination. You do not have to take voluntary retirement. But if you do, your employer will give you better benefits than you have until your normal retirement age.
Los Angeles Employment Attorney
Most businesses cannot legally refuse to hire you because you are older, except for the above. It is illegal for a potential employer to ask your age or date of birth during a job interview. It’s also illegal for them to ask you to tell us about the application. It is also illegal for them to tell you that you are “too old” for a job, especially if you are older. However, if you are qualified for the position, the employer cannot refuse to hire you specifically out of fear that you will resign or move to another job elsewhere.
If you suspect that a potential employer has refused to hire you because of your age, discuss it with an age discrimination attorney. You may be guilty.
Federal and state laws protect workers from employment discrimination based on age. The California Labor and Housing Act protects people over the age of 40 from discriminatory employment practices and employment decisions made by employers based on age discrimination.
Our Los Angeles age discrimination attorneys know the law, and we can help you understand how it applies to you. For example, we represented a manager accused of performance issues to justify his dismissal without a severance package. Through divorce negotiations with our divorce attorneys, she was able to receive a generous divorce package and good references.
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Your challenge to a discrimination claim is to prove that your age or years of experience were a factor in your termination or denial of employment. This may not be possible unless you have records, or affidavits, where the employer has specifically said so. The same goes for reports that show they fired you or refused to hire you because of your age. If they made discriminatory comments shortly before you were terminated, make sure an age discrimination attorney knows about it. This will help in your case.
You would have a hard time if young people were suffering at the same time as you. It is easy to tell if older employees are also in trouble, especially if all employees are over 40 years old. Our age discrimination attorneys can also pursue a type of dismissal or denial of employment based on age in the industry.
With mass layoffs, the real motivation may be to fire the highest paid and most experienced workers. These appear to be adults. The employer did this to give the new employee a small amount of money. However, the result was the same: they discriminated against older workers.
At Rubin Law Corporation, our Los Angeles employment attorneys are knowledgeable in age discrimination and pension law. We can help you heal:
Employment Discrimination Lawyer In Los Angeles, California
If you are a victim of age discrimination in the workplace, we urge you to call us today at 310-956-4065 to discuss your rights with our team of experienced discrimination attorneys.
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