Discrimination occurs on many levels. It can be because of sex, race, ethnic background, religious beliefs, and, also because of age. If you have been fired because of age discrimination, you may be able to file a claim against your employer. Age discrimination is illegal. You will need to show that age discrimination was the cause of your treatment, so here are a few tips regarding how to proceed with your claim.
If you think that you were fired because of your age, you will need to gather as much evidence as possible. You will need supporting documentation and evidence to get your wrongful termination claim underway. The more evidence that you have that will support your claim, the better off you will be with your age discrimination/wrongful termination lawsuit.
There is a federal law to protect you from illegal discrimination if you are 40 years of age or older. The Age Discrimination in Employment Act of 1967 is a US labor law forbidding employment discrimination against anyone who is 40 or older in the U.S. This law can be used to support your claim against your employer.
Direct Evidence To Gather
Direct evidence is the best way to show that you were fired because of age discrimination. It is direct evidence that shows what happened and how it happened. Direct evidence of conduct, or statements from coworkers and witnesses who reveal a discriminatory motive for your termination, can be strong evidence for your case.
There are several kinds of direct evidence that you can use. As an example, your manager or supervisor made jokes or inappropriate comments about your age. Keep any emails or messages that make disparaging remarks about your age. You will need to be able to demonstrate that you were treated differently due to your age, such as a in the past a younger employee receiving a promotion over you even though you have a much better job performance.
Circumstantial Evidence To Gather
To help show that you were fired because of age discrimination, you will need circumstantial evidence to create a presumption of evidence of discrimination against your employer. You will need different kinds of circumstantial evidence to support your claim.
As an example, you must be a member of the protected class – which means that you are 40 or older, you must be qualified to do the job but they fired you anyway, and your replacement is someone who is much younger. Try to prove a history of age discrimination. Look at the employees and their age – if they company has mostly younger employees, that could help support your case. Keep track of instances where younger employees were treated differently than you.
How To File An Age Discrimination Lawsuit
There are limits regarding who is permitted to file a lawsuit for age discrimination. Generally, you will need to file your claim within 180 calendar days from the date of the discrimination. For age discrimination, the filing deadline may be extended to up to 300 days if there is a state law that prohibits age discrimination in the workplace and there is a state authority or agency to enforce that law.
Any age discrimination claim requires that you file a charge with the Equal Employment Opportunity Commission (EEOC) before you file a lawsuit against your employer. You can file your EEOC claim by mail, online, or in person at the closest EEOC office.
How An Employee Rights Lawyer Can Help
If you have been terminated from employment and you think it was because of age discrimination, you should consult with an employee rights lawyer who is licensed in your state. With the help of an attorney, you are much more likely to have a successful claim. You will work with your lawyer to gather evidence that proves you were wrongfully terminated.
Your employee rights attorney will help you get the EEOC charge filed against your employer. Your lawyer can also gather supporting evidence and documentation to prove that you were the victim of discrimination. With an attorney on your side, you will be able to much more efficiently and effectively pursue your claim against the employer who discriminated against you because of your age.
There is a statute of limitations for pursuing a claim, so you should complete the Free Case Evaluation Form on this page. An attorney in your local area will review the details of your case and determine the best way to proceed with your claim after you have been fired because of age discrimination.