What Can You Do For Age Discrimination And Wrongful Termination ?
Age discrimination is the act of discriminating someone based on their age. Typically, this type of discrimination is directed towards seniors. The Federal law prohibits such an act and under the Federal Employment Act of 1967, age discrimination against an employee is a punishable offence. If a person feels that he/she has been discriminated against at their workplace due to their age, there are several steps they can take. |
An employer cannot terminate a person based on age. This rule applies to employers, who hire more than 20 people in their organization. This act, known as the Age Discrimination in Employment Act (ADEA) covers individuals who are 40 years and older. ADEA also does not recognize the maximum age observed by many companies which is 70.
Every employee has a right to use the act if they have been terminated or is about to be fired due to their age. Some of the things to keep in mind are as follows:
- Do not take any rash action against your employer
- Understand the ADEA laws completely
- Follow the procedures as suggested by the employer.
- Get the reasons for termination in writing
- Find out who hired you and who took the decision to terminate you
- Consult a lawyer who deals with Employment Law
When you have to file a case for age discrimination and termination, there is a timeline within which you have to do it. You should contact the Equal Employment Opportunity Commission (EEOC) immediately. If an employee’s rights are being violated, then the government is in a position to provide them with additional protection. They will also examine the case and see if you can fight for it genuinely. You will receive further guidelines on what documents you need to collect to prove your case.
There are several different rules, and laws that are under the purview of the EEOC. If an employee belongs to a certain protected class, they cannot bring the employer directly under action. There are quite a few circumstantial cases, where different rules of the laws apply. Most cases are not straight forward and to understand the nature of your case, you need a lawyer consultation.
If the case of termination can be proven, the damages that can be demanded include a promotion, attorney’s fees, compensation and punitive damages, such as loss of reputation. There are several different ways in which an employer can terminate the employee. They may give any other reason for termination.
Given these possibilities, it is suggested that both the employee and the employer seek legal counsel before taking any action. An experienced attorney can negotiate and solve the case at the beginning itself.
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Age discrimination means treating a prospective or current employee in a degrading manner and finding them ineligible for the job just because of their age. The Age Discrimination in Employment Act (ADEA) prohibits denying rights of employment, promotion or termination to an employee or prospective employee based on the person's age. The act is primarily for individuals who are 40 and above. At the same time, it is not correct for an employer to prefer someone over 40 compared to a younger one.