Employment Law Firm with Focus on Age Discrimination
California is home to one of the largest populations of baby boomers. Moreover, as San Bernardino attorneys, we have seen a spike in the number of age discrimination related complaints brought to our office. At Stephen Danz & Associates, our attorneys understand employment discrimination based on age and the retaliation that may stem from it. We are stern advocates for employees who are victims of age and other related discrimination such as wrongful termination, failure to promote, assignment of older workers to less desirable positions and other similar employer conduct based on age. As experienced trial attorneys, we are known in the industry as not hesitant from willing to take cases all the way to court. This allows us to obtain settlements that are more favorable than attorneys with fewer resources and experience.
Origin of Age Discrimination Cases
Many of America’s corporations portray older workers as those who are less competent. However, the real reason why many companies terminate older employees is that those employees have higher salaries, compensation, and benefits than younger employees. Accordingly, as more companies offshore or outsource their work, they tend to also get rid of their more senior workers through pretexts such as reductions in workforce, or RIFs. Consequently, many of the clients we retain for age discrimination cases inform us of company behavior subjecting them to menial tasks and ostracizing them indirectly. This is considered age discrimination and highly illegal!
Types of Age Discrimination
Age discrimination may occur in many different ways. Companies have been found to allow the harassment of older workers in hopes that it will drive them to quit. They have also permitted supervisors to hint to the senior workers that they should consider retirement or that there’s no reason to work this hard in their age. Other instances include companies that change the duties, travel assignments or positions of older workers so that it indirectly pushes them toward retirement. This is called constructive discharge and unlawful. When you contact an attorney at our office by phone at 877-987-9707 or complete the Online Form, we will gladly discuss the case with you and provide free guidance. We’ve seen more courts, judges, and juries side with older workers in age discrimination cases since this phenomenon is more widespread as other types of discrimination, especially in California.
If You Believe That You’re a Victim Or Know Someone Who Is, Contact Us
The best step to take when you believe that you’ve been discriminated against or know someone who has faced discrimination in the workplace is to contact an attorney. This will ensure that your rights are protected and that your employer is brought to justice. Our attorneys can meet with you in San Bernardino or its surrounding areas.
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 our San Bernardino Age Discrimination Attorney, 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 San Bernardino Based Attorney at Our Office Today
To evaluate whether your case includes violations of federal or state laws, contact our office for an initial free, no obligation, consultation at (877)789-9707. We can also meet you in person throughout Southern California. At the conclusion of the consultation, our attorney will promptly let you know the strength of your case. Se Habla Espanol
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“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-San Bernardino