As the population lives longer, many work well past the traditional retirement age of 62. Some decide to continue working to keep busy, while others work because they need to support their families financially. Unfortunately, as an increasing number of older people continue to work, instances of age discrimination in the workplace are becoming alarmingly common.

When you believe your employer has treated you unfairly due to your age, you deserve help from a skilled workplace discrimination attorney. A skilled Sacramento age discrimination lawyer from Erkel Law, P.C. can help you fight for compensation in a lawsuit.

How to Succeed in an Age Discrimination in the Workplace Claim

Both federal and state laws prohibit employment discrimination based on a worker’s age. To succeed in an age-based employment discrimination lawsuit, a worker must establish the following:

  • They are at least 40 years old,
  • They are fully qualified to perform all duties of the job position for which they have applied, or they have satisfactorily performed their job duties,
  • They experienced discriminatory conduct or an adverse employment action, and
  • That someone significantly younger did not experience the same negative conduct or that someone younger replaced the older employee.

An age discrimination lawyer in Sacramento can thoroughly investigate to look for evidence proving discriminatory actions, including reviewing employment manuals and speaking with other employees familiar with the employer’s hiring and employment practices. Erkel Law, P.C. will follow the correct procedural protocol to obtain copies of internal memos and other documents that could indicate that the employer discriminated based on age.

Different Forms of Discriminatory Practices Based on Age

Age discrimination in the workplace can come in a wide range of forms.

Termination Practices

Companies sometimes try to terminate older workers to save money. Employers know they can often replace these older employees with younger, newer, less experienced workers. Due to their lack of seniority and experience, these younger employees might be willing to take the same job and perform the same responsibilities for much less money. Companies also sometimes fire older workers to phase out the older generation and bring in fresh blood they believe will have newer ideas.

Employers cannot legally make these decisions to phase out older workers. A Sacramento age discrimination lawyer can hold them liable for their actions if they do.

Hiring Practices

Prospective employees can experience age discrimination when they apply for jobs. Businesses often choose younger employees whom they can pay less and train more easily. Proving a company chose not to hire someone because of their age is difficult, particularly if the case involves an older worker being passed over for a younger one. To win this type of claim, the older person must provide additional evidence from the employer’s hiring background, such as proving the company has a history of not hiring older workers.

Promotion Practices

Workers can also face age discrimination when their employer passes them over for a promotion or awards them other internal benefits. To succeed with this type of claim, the older worker must prove that their age was the reason their employer did not award them the promotion.

Erkel Law, P.C. knows how to search for evidence and develop successful legal strategies, as proven by our history with all types of age discrimination claims.

Contact a Sacramento Attorney Who Understands Age Discrimination

You are no less capable of performing a job just because you are older. Employers should look at your qualifications rather than your age when making decisions at the workplace.

If you suspect your age played a role in your termination, lack of promotion, or denial of employment, you might have grounds to file a lawsuit. Contact a Sacramento age discrimination lawyer from Erkel Law, P.C. to learn more.

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