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Age Discrimination Cases: Laying Off Older/Elderly Employees

By Gregory Thyberg on September 29, 2017


An older gentleman pensive and worriesThe legal team at ThybergLaw stands with the workers of Sacramento. We've held countless clients throughout Northern California with workplace discrimination cases. We stand firm by our clients, making sure that their protections under state and federal law were not violated.

With more people entering the workplace, we've noticed many companies have attempted to let go of older employees, replacing them with much younger workers. Age discrimination like this simply cannot be tolerated at the workplace.

Bias Against Older Workers Is Real

There's an age-related bias when it comes to hiring and layoff. It's been more apparent today as people struggle to find and keep jobs and as employers lose sight of individuals for their bottom line. According to a 2013 article in Forbes, there have been around 23,000 to 25,000 age-discrimination claims filed with the Equal Employment Opportunity Commission every year since 2008. Many of these claims involve companies trying to let go of employers in their 40s, 50s, and older, with an intent to replace these workers with younger hires.

About the Age Discrimination in Employment Act (ADEA)

Passed in 1967, the Age Discrimination in Employment Act (ADEA) was designed to prohibit age discrimination at the workplace. There are numerous stipulations laid out in the ADEA, but one of the most important ones for the topic at hand is that employers with more than 20 employees cannot discriminate against employees who are 40 years old or older on the basis of age. If an employee age 40 or older is fired solely because of their age, that is an act of age discrimination.

Proving Age Discrimination

In order to prove age discrimination at the workplace, it must be demonstrated that the employer let go of an employee solely on the basis of his or her age. No other factors affecting performance can play a part in the firing. Similarly, these factors related to age discrimination also apply to hiring, salary, raises, and so forth.

The Challenges of Winning an Age Discrimination Suit

Unfortunately, proving age discrimination can be difficult despite the ADEA protections in place. Employers may be able to hide their intentions through performance reviews and evaluations of an employee. If an employee can use productivity or performance as a means of circumventing ADEA protections, winning this sort of case can be difficult.

If your employer has made any disparaging remarks about you with regard to your age or matters related to your age, this can help you make a persuasive case regarding your age discrimination suit. This sort of evidence is not always present or easy to discover.

How a Workplace Discrimination Lawyer Can Help

Going it alone against an employer is a difficult task, especially if you're not familiar with state and federal employment laws. Working with a worker discrimination lawyer helps even the playing field. Your attorney can note the circumstances of your case and try to find evidence of age discrimination with regard to your termination. While you focus on putting your life in order, your attorney can focus on the details of your case. This peace of mind can be crucial for a general sense of balance and well-being.

Contact the Attorneys of ThybergLaw

For more information about your legal rights and options and how we can help you, be sure to contact our team of workplace attorneys today. The team at ThybergLaw will fight for you and your loved ones every step of the way.

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