Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case and, if so, what damages you may be entitled to receive under the law.
Under the Age Discrimination Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. These protections apply to both employees and job applicants and mean that it is unlawful to discriminate against a person because of his/her age with respect to hiring, training, benefits, promotion, firing, layoffs, and other terms, conditions and privileges of employment
The ADEA specifically does not prohibit an employer from asking an applicant’s age or date of birth.
I Have Been Layed Off And Replaced By An Employee With Less Experience And Who Is Much Younger. Do I Have A Claim for Age Discrimination?
It depends on the circumstances of your layoff. Age discrimination can be a subtle form of discrimination and is often hard to prove. It is necessary for a prompt investigation to be conducted in order to determine whether your job was taken away as a result of your age. Your employer would need to state a reason other than your age for your denial.
Like most employment law cases, age discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.