Employment Law Firm with Focus on Age Discrimination
In California, age discrimination plays a major role in many unlawful/wrongful termination cases. Even though employers may use a pretext or falsely legitimize a reason for terminating workers, it is really because the companies wanted to get rid of older workers for financial reasons. If this sounds like it happened to you or someone you know, it is crucial that you discuss your job loss with an experienced employment attorney. Once you contact us via phone or the Online Form, we will schedule a time for you to speak with a knowledgeable attorney at no cost. Our firm exclusively represents executives, employees and workers in California and especially within the Sacramento area. In addition, many of our attorneys have represented hundreds of clients in employment discrimination and unlawful termination.
The Laws Safeguarding Sacramento Employees in the Workplace
Employees in California, and Sacramento, are protected against age discrimination by both California and federal laws. One of these, the Age Discrimination and Employment Act (“ADEA”) specifically safeguards employees who are 40 years of age and work for a company that has at least 20 employees. The federal Title VII of the Civil Rights Act of 1964 (“Title VII”) protects employees from age discrimination as well as other types of discrimination in the workplace for companies with 15 or more employees. Further, California’s Fair Employment and Housing Act (“FEHA”) protects employees from discrimination and applies to companies of 5 or more employees. All of these laws prohibit employers from making employment-related decisions contingent on an employee’s age.
Examples of Age Discrimination
You may have experienced age discrimination in wither an overt, or obvious way, or a covert or indirect way. One of the most overt ways is when your supervisor or other management calls you names related to your old age or asks about when you will be retiring. If these events occur, make sure to document them especially the dates and times, and make sure to share that with one of our attorneys. Another less overt way is when the company hires younger employees to have a certain company culture, or rewards younger employees via better job placements, assignments, terminations and even hiring decisions (when applicants are compared). If younger employees are promoted over older ones or if older workers are disciplined when younger ones aren’t, that would make for strong evidence in an age discrimination case. In addition, if you are treated differently or the company allows harassment to occur that drives you to quit, that is age discrimination through constructive discharge. Before you quit, contact our office so that we can guide you on how to proceed.
Harassment is another form of age discrimination. Even though companies have policies against harassment, they may not be enforced. That is when we should file your claim with the Equal Employment Opportunity Commission (“EEOC”) and the Department of Fair Employment and Housing. Once they’ve had a chance to review your case and grant the Right to Sue letter, we will file the Complaint on your behalf.
If You’re a Victim, or Have Reasonable Belief, Contact a Sacramento Age Discrimination Lawyer
What our attorneys have also been able to successfully do is negotiate severance packages when employees believe that they were wrongfully discharged. Age discrimination has a one year statute of limitation from the date of adverse conduct. This and other deadlines must be carefully followed so that you do not lose your right to sue. Contact our office today at 877-789-9707 or complete the Online Form, and we will ensure that an attorney discusses your case and guides you to maximum compensation and retribution. Our Sacramento Age Discrimination Attorney supervises the cases and will make sure your rights are pursuit ardently.
Laws Against Age Discrimination in California
California’s Fair Employment and Housing Act (“FEHA”) and the federal Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits San Bernardino employers from discriminating against, or allowing harassment of, their employees based on age (over 40). When you contact Stephen Danz & Associates, we will schedule a complimentary call between you and an attorney to review the facts of the case with you and guide you on the steps needed to protect your rights. Consequently, your allegations of discrimination must first be filed with the Department of Fair Employment and Housing within one year from the date of the alleged discriminatory act. Then, once we secure the proper Notice of Right to Sue, we may initiate a private lawsuit against your employer (or previous employer) unless we chose to settle the claim outside of court. Further, federal laws such as the Age Discrimination in Employment Act (“ADEA”) protect employees from employers who use age as the central factor in employment-related decisions.
On many occasions, both the California and federal law apply. However, the different laws cover particular types of workers and apply to employers of certain sizes. Regardless, our experienced employment attorneys can assist with this determination and ensure that you’re on the right path.
Who Do the Discrimination Laws Apply to?
FEHA applies to employers who have five or more employees. On April 1, 2016, new anti-discrimination and anti-harassment regulations went into effect that expanded the definition of “covered employer.” Now, out-of-state employees, as well as employees out on maternity leave, count toward the five employee minimum. In sum, more employers must abide by FEHA’s discrimination and harassment laws. Importantly, to establish an age discrimination claim under FEHA, the employee must demonstrate that he was:
(1) at least 40 years old,
(2) performing his job satisfactorily,
(3) discharged, and
(4) either replaced by substantially younger employees with equal or inferior qualifications or discharged under circumstances otherwise “giving rise to an inference of discrimination.”
Then, after the employee establishes the above elements, the burden shifts to the employer to show a non-discriminatory reason existed for its adverse employment action(s). If the employer satisfies that burden, the employee must then prove that the reason shown by the employer constitutes mere pretext (or ploy) for unlawful discrimination.
Under federal Law, the ADEA applies to employees age 40 years and older. However, please note that both the ADEA and FEHA do not apply to non-employees such as independent contractors.
Attorneys Specializing in Age Discrimination
California age discrimination and harassment cases demand the attention of attorneys who are familiar with the local court rules, judges, and marketplace, well-versed in the range of laws, have the experience and resources to take on the biggest companies, and the determination to fight defense firms. The success of each case is contingent on, and the amount of compensation for lost wages, benefits, emotional harm and other related damages depends upon, the representation. Our specialized, exclusively employee-side attorneys review the case with you at your convenience and remain involved each step of the way. Often, this involves assessment of the facts, request and analysis of the evidence through subpoena, deposition of your supervisor and those involved in the decision-making, and many other resources that are well beyond the capability of smaller law firms.
Contact a Sacramento Based Attorney at Our Office Today
To evaluate whether your case includes violations of federal or state laws, contact our Sacramento Age Discrimination Attorney for an initial free, no obligation consultation at (877)789-9707. We can also meet you in person throughout Sacramento and its surrounding cities. At the conclusion of the consultation, our attorney will promptly let you know the strength of your case. Se habla espanol.
93715, 93728, 93729
“I would like to thank you for your associate Ely for your kind help, support and extremely detailed insight into my case. Thank you for the referral and for your genuine personal approach to my situation. You have my deepest respect and admiration. He is my favorite lawyer ever yet so far.
– Yulia G.”
Stephen Danz & Associates-Sacramento