Oceanside Age Discrimination Lawyer

Oceanside Age Discrimination Attorney

If you are facing discrimination in the workplace due to your age, it is time to meet with a trusted legal advocate who can advocate for you. An Oceanside age discrimination lawyer from the Law Office of Frank S. Clowney III can step in and help to ensure your rights are adhered to and that you receive fair compensation for your case.

What Does Age Discrimination Look Like?

Age discrimination can manifest in both subtle and obvious ways, but it always involves treating someone unfairly due to their age. Below are common signs of age discrimination:

• Biased Comments or Jokes. This can look like comments like “We need fresh energy” or “You’re not as fast as the younger team.”
• Unequal Treatment. Unequal treatment may be getting passed over for promotions you are qualified for while younger and less qualified co-workers are promoted.
• Unjustified Negative Reviews. If, after years of receiving good performance reviews, you suddenly start receiving poor performance evaluations without explanation, this may be a form of age discrimination.
• Hiring and Firing Patterns. Look out for job postings that say things like “digital native” or “recent graduate preferred.” Older employees can also be targets for layoffs, while younger employees are retained.
• Getting Replaced by a Younger Worker. If you are let go or demoted and your job is given to someone who is much younger and has less experience, this may be age bias at play.

There are also more subtle examples of age discrimination. A subtle example may include being told that you are “overqualified” for a job. Employers may use “overqualified” as code for “too old.” If you are facing unfair treatment or getting pushed out of a job because of your age, you are facing age discrimination, which is illegal under both California state law and federal law.

How Can an Age Discrimination Lawyer Help?

There are several key ways an age discrimination lawyer can serve as a powerful advocate on your behalf if you are treated unfairly at work. With estimates showing that between 77% and 93% of older adults experience ageism, lawyers are here to help.

They can first evaluate your case and help determine if age discrimination has happened. They can assess the strength of the evidence you have, which is essential in seeing a fair result for your case. A lawyer will inform you of your legal options and ensure you are making informed decisions moving forward.

Your lawyer can help you with filing a complaint with the EEOC or the California Civil Rights Department. If you are ready to take this to court, your lawyer can help you request and file a Notice of Right to Sue and ensure all deadlines and procedural requirements are met.

An age discrimination lawyer is ready to negotiate on your behalf. They can handle communications with your employer’s attorneys or the HR department and work to settle the case through negotiation and mediation to avoid a trial. If your case moves to trial, your lawyer can represent you in both state and federal court and effectively present your case. A skilled Oceanside employment lawyer will safeguard your rights and seek maximum compensation.

FAQs

Can You Sue for Age Discrimination in California?

Yes, in California, you can file a claim for age discrimination. The state holds strong legal protections against age-based discrimination in the workplace. If you are facing age discrimination, it is vital that you keep detailed records of anything that could confirm the age bias you are experiencing, like emails or comments. You can then file an official complaint with the CRD or EEOC and then file an age discrimination claim in either state or federal court.

What Proof Do You Need for Age Discrimination?

To prove age discrimination, you need to show evidence that shows your employer took an adverse action against you because of your age. The proof can be direct or circumstantial, and stronger cases often include both. Direct evidence can include explicit statements or documents that show age bias, like a comment from a manager that states, “We need younger people in this role.” Circumstantial evidence shows a pattern of bias, like disparate treatment.

What Is an Example of Age Discrimination?

There are examples of age discrimination in all parts of employment, from hiring to firing to work assignments. Age discrimination during hiring may look like a qualified older applicant getting rejected in favor of a younger and less experienced candidate. It can also look like an older employee getting repeatedly passed over for the promotions they deserve, while younger and less qualified co-workers get promoted.

How Long Does an Age Discrimination Case Take?

The length of time that an age discrimination case may take can vary greatly depending on the unique circumstances of the case. There are several factors that influence the timeline, including how long the initial filing and investigation take. If you choose to pursue legal action beyond your complaint with the CRD or EEOC, that process can increase the time your case takes, as well.

How Expensive Is an Age Discrimination Lawyer?

The cost of an age discrimination lawyer can be diverse depending on factors like the attorney’s experience level and reputation, the complexity and timeline of the case, and their fee structure. A law firm may charge an hourly rate, a flat fee, or a contingency fee, which means you don’t have to pay upfront, and the lawyer is paid a percentage of the settlement if you win your case.

Speak With a Trusted Age Discrimination Lawyer Today

As someone with detailed work experience and qualified professional skills, you should not have to face discrimination in the workplace due to your age. At the Law Office of Frank S. Clowney III, we know that the experience you bring to your role is an asset to your job, not a handicap, and we are here to help you fight for your rights. Reach out today to set up an initial consultation and receive the support you deserve.

You can reach us by phone, online, or in our office in the North County area of San Diego County on 550 W. C Street.