Age discrimination is quite common, and employers can be held accountable for discriminating against workers or applicants 40 and older. If you are a victim of age discrimination, let the Jackson Spencer Law lawyers fire back.

Despite the fact that age discrimination is illegal, a 2018 AARP survey found that 3 in 5 older workers have seen or experienced age-based discrimination in the workplace. If you are over 40 and suspect your employer (or potential employer) is discriminating against you based on your age, please contact us for a free consultation. Based on your situation, our attorneys may be able to help you proceed with a claim.

The Age Discrimination in Employment Act of 1967 (“ADEA”) prohibits employers from refusing to hire or promote employees aged 40 or older based on their age. Employers are also prohibited from altering an individual’s terms of employment, such as salary or position, based solely on their age. In the age of Zoom, it’s also possible that an employer may treat you differently after you are hired and meeting you in person.

If you are over 40 and your employer or potential employer treats you unfairly based on your age, you may have an age discrimination claim. It can still be age discrimination even if the discriminator is over the age of 40 or the people treated more fairly than you are over the age of 40. The question is whether other employees or candidates who were treated more fairly than you are significantly younger than you.

Some examples of age discrimination include:

• Being terminated or selected for layoff because of your age,
• Refusing to hire employees aged 40 or older,
• Refusing to promote employees aged 40 or older (based solely on their age),
• Listing age preferences, specifications, or limitations in job notices (limiting the ability of anyone over 40 from applying),
• Restricting apprenticeship or internship programs to individuals under 40,
• Unfairly treating employees or applicants who receive federal financial assistance based on their age (e.g. Social Security),
• Denying benefits to older workers or failing to provide benefits of the same cost amount as younger workers, and
• Retaliating against employees or job candidates who file a discrimination claim or participate in an investigation under the ADEA.

If you are facing any of the examples of age discrimination listed above, an age discrimination attorney can help. Discrimination claims can be complex and difficult to prove. An experienced attorney can help you determine if you have a viable claim, identify evidence, and improve your chances of a successful outcome.

Whether you’re facing wrongful termination or other unfair treatment due to your age, an attorney can help you develop the best strategy for moving forward. You may be entitled to back pay, lost future earnings, liquidated damages (in special circumstances), and attorneys’ fees. However, time is of the essence when filing an age discrimination claim. In many circumstances, you only have 180 days to file a claim of age discrimination after an incident occurs.

Not only can the law be difficult to navigate on your own, but many employers are represented by aggressive in-house counsel. It helps to have an experienced advocate on your side who knows how to secure a verdict or substantial settlement.

At Jackson Spencer Law, our attorneys have decades of experience assisting victims of age discrimination. We’re committed to achieving justice for workers and we have many happy clients to show for it.

We assist our clients by:

• Identifying key legal issues,
• Conducting legal research and crafting strategy,
• Advising on the best course of action,
• Negotiating with the opposing party to reach a settlement
• Filing charges of discrimination with government agencies such as the TWC and EEOC,
• Filing complaints, motions, and other legal documents, and
• Arguing cases in court.

Our experienced age discrimination attorneys know the ins and outs of employment discrimination, as well as what it takes to succeed in court. In fact, we’ve helped multiple clients reach settlements in excess of $100,000 for age discrimination.

Some of the victories we are most proud of include:

• Obtaining a $171,388 settlement for a 55-year-old Vice President after her company closed her office,
• Securing a $167,815 settlement for a 67-year-old manager who was told his position was eliminated because of “restructuring,” and
• Getting a $164,515 settlement for a 65-year-old client whose employer forced him to seek early retirement.

While we are especially proud of these client results, there is no guarantee that your case will have the same result. The outcome of every matter is unique and subject to multiple factors, including but not limited to, the applicable law, the skill and experience of opposing counsel, the specific facts and circumstances involved, and access to witnesses and evidence. The settlement numbers listed represent the total amounts that our clients received and do not include attorneys’ fees and legal expenses, which can vary from case to case.

To find out if you have a viable claim for age discrimination, contact our office for a free consultation.