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Age discrimination happens at work when the granting of your bonuses, increases or promotions in the work place is affected because of your somewhat advanced age. Age discrimination even happens way before your employment relations with your employer. If you are applying for work and your prospective employer dwells mostly on your age and what you can do despite of it, then your right is already being violated.
If you are discriminated at work, you have every right to file for damages against your employer, which include actual damages relating to unpaid wages and benefits to non-monetary compensation for the pain and suffering you experienced because of your employer’s unjust treatments against you at work. However, knowing your right to be compensated does not mean that you should go ahead and negotiate or claim your compensation directly against your employer. Your employer knows about employment laws and he has employment insurance which retains insurance adjusters knowledgeable in denying claims by employees. In worst case scenarios, your employer can even hire defense lawyers in order to make sure that your claim will not prosper.
To be sure that you will get the best compensation you deserve, don’t gamble on your future with the company, seek help immediately from Mesriani Law Group’s expert age discrimination attorneys in Los Angeles who have decades of experience in representing California employee victims of all types of discrimination claims against their employers, to include age discrimination against employees who are of advanced age in the work place.
What to Do in Case of Age Discrimination at Work?
There are many factors that are being considered by prospective employers in choosing their employees. However, age should not be a factor if the same is not inimical to the work assignment of the position. If the position calls for a desk job but you are not being considered for the position purely on account of your age, then your prospective employer is already guilty of age discrimination.
If, on the other hand, you are already hired but you are not given the same treatment at work and your compensation is less than those being given to your co-workers with the same job position and the same output as you do, then you are also being discriminated against because of your age.
Law Against Age Discrimination
Verily, your age should not affect the granting of bonus, increase or promotion in the work place. In California, laws are in place to protect employees against discrimination when he is over 40 years of age. If you are discriminated against at work, there are federal and California age discrimination laws and appropriate government agencies that can protect you, to include:
- Age Discrimination in Employment Act (ADEA);
- Fair Employment and Housing Act (FEHA);
- U.S. Equal Employment Opportunity Commission (EEOC); and
- Department of Fair Employment and Housing (DFEH).
Under ADEA as well as the FEHA, employers are penalized when employee 40 years or older who is discriminated against, harassed, or retaliated against in any aspect of employment, from the hiring process to termination. Hence, if you are 40 years and above, and you feel that you are unfairly treated at work, then you have a greater chance of prosecuting your employer for age discrimination.
Fight for Your Rights
Age discrimination becomes prevalent at work due to lack of knowledge of employers relating to the laws and fear of employers who might retaliate against them or even terminate them for filing a complaint or claim against them.
This is why it is never a good idea to seek compensation against your employer directly. Although it is advisable to use your grievance machinery at work in order to complain about discriminatory acts against you, if nothing happens, don’t gamble on your employment by directly filing for compensation against your erring employer. In order to be fully protected you against retaliation by your employer while you seek remuneration for your damages, seek help from employment and labor law attorneys who have the experience and resources to go against big corporations and even large defense law firms.
Contingency Based Representation
Don’t be scared to seek legal assistance because most top law firms provide contingency-based representation, which means that you don’t have to pay anything during the legal process. Your lawyer will just get a portion of your award once you are successful in your claim.