Employee Law Group - Age Discrimination

How an employment lawyer can help you claim damages for age discrimination

No one in your workplace – not your boss, supervisor, or colleagues – can treat you unfavorably because of your age. They cannot fire you because of your age, fail to promote you, deny your medical leave request, or make harassing comments because of your age. And if they do, you may be entitled to damages.

If you believe you are experiencing age discrimination in your work environment, an employment lawyer can help. Let’s unpack the rules, burden of proof, and potential compensation.

I am not sure if I was discriminated against because of my age – now what?

Age discrimination is not always black and white. In some cases, an employer’s actions are explicit – they might make a harassing age-related comment or outright tell you that you are being denied an opportunity because you are 40 years of age or older.

But in many cases, determining whether you were treated a certain way because of your age can be challenging to prove with certainty. This is because age discrimination comes in many different forms and results in many different outcomes. For example, you might be forced to transfer, your salary might be reduced, or you might be demoted.

So, how can you figure out if age played a role? Ask yourself the following:

• Have you been at the company for many years longer than the person awarded the benefit instead of you?
• Is there a pattern of older staff being allocated less favorable or lower-responsibility tasks?
• Did your boss start treating you differently after you reached a certain age?
• Are older employees encouraged to retire earlier than they want to?
• Does your employer tend to fire employees with higher salaries?
• Do your boss and other senior leaders make harassing age-related comments frequently?

If you answered yes to any of the above, age could be an influencing factor in your boss's or colleague's behavior.

What kinds of evidence do I need to support my age discrimination case?

When making a claim, the burden of proof is on you and your lawyer. That means you’ll need to collect evidence that supports your side of the story. Here are some of the types of evidence you might gather and share with your lawyer:

• Communications related to your age discrimination experience. Did you send an email to HR lodging an age discrimination complaint? Did you share your experience with a colleague, friend, or loved one via text? Did you confront your boss directly? This ‘paper trail’ is crucial in pleading your case. If you have used your work email to send relevant messages, be sure to forward them to your personal account. Your employer can access your work emails and potentially lock you out. Finally, if you discuss anything related to your experience of discrimination over the phone, send a follow-up email so you have proof of the conversation.
• Documents and records related to your employment. This includes your timecards, written notices, job application documents, and recent and historic pay stubs. These documents can be used to demonstrate your employer’s discriminatory acts.
• Evidence of harassing comments. If you have experienced age discrimination in the form of harassing comments, there are several ways you can prove it. You can create a log of the remarks made, jotting down the statement itself and the date, time, and situation. You can take photographs of any intimidating letters or vandalism. You can also share the comments with a trusted person who can later vouch for your experience.

Collecting evidence can feel like a daunting task, one that involves reliving negative experiences you’d prefer to forget. Know that you don’t have to go it alone. With a qualified attorney in your corner, the burden of proof is shared. And with expert insight, your lawyer can help you uncover evidence you may not have considered yourself.

What can an employment lawyer help me achieve?

An employment lawyer can help you secure the compensation you are entitled to. By gathering evidence and applying the law to the facts of your case, a lawyer can help you claim the following:

• Back pay. Back pay – sometimes called back wages – is an amount of money owed to an employee after they were underpaid by their employer. If you were underpaid or wrongfully terminated due to age discrimination, you may be entitled to back pay.
• Bonuses. In addition to unpaid wages, you can claim bonuses. If your boss refused to pay you a bonus because of your age or a bonus was awarded to someone else who was equally qualified but younger, you may be awarded a sum equal to that bonus.
• A higher wage or promotion. If you were demoted, refused a pay rise, or denied a promotion you are qualified for, a lawyer can help you achieve the benefit you missed out on.
• Emotional pain and suffering. Age discrimination can have financial repercussions. But, it can also cause emotional pain and suffering that can reduce productivity, affect your work performance, and even damage relationships. A lawyer can help you secure financial compensation for these experiences.

Do I need a lawyer, or can I go it alone?

It’s not compulsory to enlist the help of legal counsel when making an age discrimination claim. However, it is highly recommended. Age discrimination cases can be tricky to navigate and prove. From collecting evidence to building a winning strategy, a lawyer can help you avoid common mistakes, missteps, and pitfalls.

In addition, a lawyer can increase the damages payable to you by your employer, ensuring you are justly compensated.

Secure the damages you are entitled to

Age discrimination in the workplace can be against the law, so contact the Employee Law Group team if you believe you have a case. We have more than three decades of experience helping employees like you navigate their legal claims and secure the damages they are entitled to. We know how employers are likely to respond, and we can remove ambiguities with hard evidence.

If you are ready to claim the damages you deserve, let’s talk. Schedule your confidential consultation today.