Orange County Age Discrimination Attorney

Do I Have a Claim?

If an employer is refusing to hire you or you are fired due to your age, you are protected under state and federal laws from this type of mistreatment. This happens to far too many people and sometimes it happens under the guise that the company needs to make cutbacks or perform layoffs. That is why it is so important to get the right lawyer by your side to fully investigate whether or not your rights have been violated.

We have seen many cases where someone has been discriminated against based on their age and we know the obstacles in the way to getting justice and how to navigate them so that your end results are fair. We have handled cases where employers illegally got rid of our clients because of their age or refused to hire them because of their age.

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Filing an Age Discrimination Claim

When filing an employment law claim, we need to be able to prove that what happened was unlawful. An age discrimination claim hinges on us being able to show that your employer’s behavior was based on your age. We’d have to establish that the reason why they did not hire you or they fired you was not based on your performance or experience but because of your age only. There are ways for us to determine whether or not you were a victim of age discrimination. Sometimes it’s hiding under alleged new policies to reduce a company’s budget, which targets their older employees. We will make every effort to determine the basis of your case.

We encourage you to bring any questions about age discrimination to our Orange County age discrimination attorney as soon as you possibly can so that we can get started working on your case right away. The sooner you reach out to us, the better off everything will go because it gives us more time to prepare and plan. Call today to set up your first consultation.

Defining What Age Discrimination Is

Age discrimination can be defined as when an employee has received treatment that is unfair by their employer based on their age.

The following include common types of age discrimination:

• An employer refusing to hire you due to your age
• Being fired by your employer because of your age when other employees with less experience and poor performance kept their jobs
• Getting a bad performance review from your employer that is related to your age such as having a hard time learning new technologies
• Being turned down for a promotion based on your age when the younger employees are receiving promotions, even though their work performance is not as strong as yours and they have less experience than you
• Being let go by your employer based on your age

If your employer has made comments about your age and then you’ve experienced any of the above, you should definitely have your suspicions raised and you should reach out to our Orange County age discrimination attorney to discuss what your next steps should be.

Am I Protected Under the Law?

The age group that is protected under the laws for age discrimination is anyone who is 40 years old or older where the workplace has 20 or more employees. There are exemptions to who is covered under the Age Discrimination in Employment Act. Those who are not covered are those who are in “high policymaking” positions who receive $44,000 or more in pension or when their age pertains to their work, such as actors or models.

It is important for you to look through your contract with your employer to determine whether or not you’ve been exempt from protection for age discrimination. Some people who could be exempt are workers like firefighters, tenured teachers, and police officers. Our Orange County age discrimination attorney will review your employee contract and give you a clear answer whether or not you should take legal action.

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What If I’m Told I’m Overqualified?

If you’re told that you’re overqualified for a position, you may be wondering whether or not you have a claim for age discrimination if you were not hired. The situation can vary from case to case. Not every employer is going to hire somebody who is overqualified for a position for various reasons that don’t have to do with age.

These cases are tricky because we would need to prove that the employer specifically chose not to hire you based on age and not because you were overqualified for the position, which can be a very valid reason not to bring someone into a position.

Regardless, if you believe that your age was the true factor of why you were not hired during an interview where you were told you were overqualified, you should nevertheless reach out to our Orange County age discrimination attorney to determine whether or not your rights have been violated. We will look into the details of your claim and be able to tell you whether or not we should pursue legal action.

Tips for an Interview | Disclosing Your Age?

When you are in an interview, there are things that you are not allowed to be asked by an employer because they relate to issues protected by both state and federal laws. An example of something that they are not allowed to ask you is if you have children. They can, however, ask your date of birth or how old you are but this is not something that typically pops up in an interview.

If you are interviewing and being asked your age or your birth year, you should make a document in your own records of this incident. If you are eliminated from the hiring process after an interview where they ask you to disclose your age, your personal records will help. Something like this could be written off by that employer as innocuous but could essentially boil down to age discrimination.

Being Asked to Retire Early

If you’ve been asked to retire before you are set to, you might be wondering if that is illegal. It would not be illegal if your employer suggested that you voluntarily retire early. They would usually give you some sort of retirement benefit increase that would equally make up for you retiring early. You would also have to sign a waiver that waives your rights to file a claim against the company.

If you believe, however, that they are in essence pushing you out the door when you don’t want to leave and are making you think it’s your idea so they don’t have to fire you, you should get in contact with our Orange County age discrimination attorney as soon as you can to determine whether or not you should be filing a claim. We will be able to tell you definitively whether or not we should pursue legal action. You can learn more when you sit down with us during your first consultation.

Passionate About Helping Our Community

We believe that when your rights are violated by your employer or potential employer that justice needs to be done. We don’t stand by and let bad things happen to good people. Age should never be a determining factor when considering employment. We hope that you don’t let this type of wrongdoing slide.

Your rights were violated and we are passionate about helping people like you get the justice that they deserve. With every claim that we win, we are closer to having justice for all. When you file a claim, you are not only telling the wrongdoer that what they did was unacceptable, but also possibly deterring them from ever doing it again to someone else.

When you choose us to represent you, you are getting someone who cares deeply about the success of your case. You’re not just a number to us. You are someone who has been wronged and is in need of justice. We will work tirelessly and utilize our resources to ensure that you have the best chance at that fullest result possible.

Call Our Orange County Age Discrimination Attorney Right Away

If you think that you were a victim of age discrimination or wrongful termination based on your age, please get in contact with our Orange County age discrimination attorney as soon as you possibly can so that we can begin to protect your rights and build a strong foundation for your claim in order to get you the damages that you deserve in the fullest and fairest amount. Call today to learn more about how we can help you get the results that you deserve.