San Diego Age Discrimination Lawyers
In a tough economy, older workers often find themselves at a disadvantage when it comes to gaining employment. With companies looking at their bottom line, even older employees who have jobs have to worry about job security, since many companies figure they can reduce payroll expenses by cutting older employees with higher salaries and replacing them with younger employees willing to start at the bottom of the pay scale. In California, it is illegal to fire an employee based solely on that employee’s salary.
Harassing a Worker Out of the Job
Sometimes the company won’t fire an older worker outright, but will make staying unpleasant by an ongoing pattern of harassment, in the hope that the employee will simply resign. They will often promote a much younger and less experienced worker over the older one, making the more experienced worker a subordinate of an inexperienced one. Older workers in some companies are subjected to derogatory comments about their age. These practices are shockingly common. They are also illegal. Age cannot legally be a factor in hiring, firing, or promoting workers, and harassment is never acceptable.
Protections for Older Workers
The Age Discrimination in Employment Act (ADEA) is a federal law that seeks to protect workers, 40 and older, from age discrimination. The law makes it is illegal to discriminate based on age in hiring, firing, layoff, pay, promotion, job assignment, benefits, or training. California has its own laws on the books as well. Nevertheless, many older workers will tell you that age discrimination is not going away on its own. This is a battle that needs to be taken to the courts, with experienced employment discrimination attorneys on the front lines of the battle for workplace equality.
Choosing the Best Lawyer and the Right Agency
With a number of different federal and state agencies whose job it is to protect the rights of older workers, it is sometimes difficult for a worker to know where to turn for help. A good place to start is by consulting a San Diego employment attorney who handles age discrimination cases. The employment lawyers at the Harrison & Bodell law firm in San Diego are experienced and willing to take on companies, both large and small, who have violated the rights of their older workers. We will help you through the steps that you need to follow when making a complaint, and will be with you every step of the way until you win reinstatement, financial compensation, or another appropriate remedy. Depending on the specific circumstances of your situation, your lawyer will decide which law and which agency will be the best choice when filing a claim.
If negotiating a settlement out of court is not a possibility, we will prepare your case for trial. We are seasoned trial attorneys and are at our best in the courtroom. We’ve established a track record of successfully settling age discrimination cases, in and around San Diego, to our clients’ satisfaction. We try to exceed expectations, and in some cases are able to win punitive damages in addition to other remedies. Punitive damages have the potential to significantly increase the value of your recovery when the employer has been guilty of blatantly egregious behavior toward older workers. A large part of our practice at Harrison & Bodell is devoted to employment law, and we are passionate in our commitment to creating a fair and equitable workplace for everyone. Call us today to make an appointment to tell us your story.