Age Discrimination

An unfortunate aspect of working conditions in the past has been discrimination based on race, gender, and other characteristics including a worker's age. In the past generation laws have been passed in state legislatures as well as the U.S. Congress prohibiting this discrimination. The Equal Employment Opportunities Commission enforces the federal Age Discrimination in Employment Act, and state agencies enforce the state laws.

How do you prove you were treated unfairly because of your age?

Most of us do not have a "right" to a job. Unless we have an actual contract with an employer we are employed "at will." That means either the employee or the employer has the right to end the relationship at any time. However, an employer can not fire or refuse to hire, or otherwise mistreat someone based on their race, gender, or other status including age.

The employer doesn't have to prove a negative - prove they didn't treat you differently because of your age. You must show in some way that they did. Were only the older workers let go, while younger employees got to keep their jobs? Were you obviously more qualified than people younger who were promoted, or hired? It is not always easy to prove you were discriminated against. Hire an attorney with the experience and know-how to find a way.

What are my options now?

A violation of your rights can be remedied in various ways. Courts attempt to "make whole" the person who has suffered discrimination. This can mean reinstatement to a job, back pay, or other action.

We are compassionate counselors who will fight for you.

For a free consultation with Forman & Cardonsky, call 908-353-6500 or send us an e-mail.

Our offices are located in Elizabeth, New Jersey, easily accessible by car and public transportation. Free parking is available.

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