It’s not uncommon for employees to experience age discrimination. In California, no employer is allowed to discriminate against employees based on their age. As such, the law prohibits discrimination of employees at least 40 years old or more.
Termination for age discrimination occurs when an employer takes an unlawful employment action because the employee engaged in a protected activity due to age.
If your employer fired you because of complaining about age discrimination, you could choose to have a wrongful termination lawyer in Orange County to help you determine whether your termination is illegal.
When You Are Terminated
If you have been fired, then it behooves you to learn whether such termination is illegal. California law is lenient to ensure employees are protected from age discrimination. As such, an employee can file a claim against their employer.
Filing such a claim requires that you first understand whether the law protects you. For example, the Age Discrimination in Employment Act (ADEA) requires that all employers with 20 or more employees should not discriminate against employees ages 40 years or more. Therefore, you would find it worthwhile to file a claim against your employer if you reasonably complain about your employer illegal action based on age, but he/she took an adverse action. For instance, your employer may have failed to promote workers aged 40 or above, claiming the new position required vibrant, young-looking workers.
In most cases, it’s challenging to spot age discrimination or any adverse action being taken because you complained about age discrimination at the workplace. A good lawyer can help you identify signs of age discrimination. This evidence will be required when awarding damages.
Filing A Termination Claim
Every state has its laws when it comes or discrimination about age. This provides a clear fact-finding procedure for any employee to understand when there is any unlawful discrimination from their employers. As such, employees are aware of their rights and responsibilities. So if you complained about an employee who was retaliated against because of age, or you are an employee aged 40 or older who have been discriminated for illegal purposes, your case may be valid as long as:
- You have a valid reason which is in good faith, to believe that the practice of discrimination is illegal.
- You are against such practice as it’s against the law and such law protects you from retaliation.
The law on discrimination must be clear on what you’re complaining about. For example, your employer should not punish you because you filed a discrimination claim based on age.
Contemplating About Legal Representation?
You may have reasonably complained about age discrimination and your employer took an adverse employment action. In this case, the best way would be to look for an experienced employment lawyer to help you file a wrongful termination claim.
Your lawyer can help you understand what is needed to file your age discrimination claim. If your case is successful, there are tons of damages to collect. Again, your lawyer should advise you on how much damages to recover as such differ by state and the rules governing that state.
However, to get damages, you will have to prove that the discrimination will affect your career life and earning capacity, employment benefits, among others.