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Older Professionals Cannot Be Discriminated Against Because Of Their Age

Baby boomers are part of a thriving professional workforce in South Florida and in other parts of the nation. Unlike previous generations, we will not, as the poet Dylan Thomas said, "Go gentle into that good night" when an employer tries to push us out the door. Many of us will "rage, rage against the dying of the light" — and fight back.

At The Amlong Firm, in Fort Lauderdale, we understand that many employers discriminate against employees because of their age. Fortunately, our attorneys are aggressive advocates who are here to help when you are a victim of age discrimination, including cases of wrongful termination and failure to promote based on age.

We will do everything possible, including going to trial, to ensure that your rights are protected should your boss engage in age discrimination. We pride ourselves on being experienced, effective litigators. Call our office today at 954-519-2235 and schedule a consultation. You can also reach us online.

Age Discrimination Is About Costs, Not Competence

Age discrimination has roots in one of the most deeply held stereotypes in the workplace. Many employers believe that workers become less competent as they get older. In practice, age discrimination has little to do with competence and much to do with costs. Age discrimination is a convenient way for employers to terminate employees whose salaries and benefit costs are higher than those of younger employees. As companies downsize and outsource, older workers in their 40s, 50s and 60s are the ones who are most likely to be laid off when there is a reduction in the workforce.

Many people in their 50s and 60s now were activists in college, and they have a heightened awareness of their rights. These boomers are not going to put up with being marginalized or discriminated against at work based on stereotypes about age. We stopped the Vietnam War; what would make anyone think we are not going to stop age discrimination?

Forms Of Age Discrimination In Your Workplace

Age discrimination can take many forms, ranging from termination to simple harassment. For instance, employers often make incredibly insensitive remarks toward older workers. People who would never call a black person "boy" call an older man "gramps." They also say things such as "Why are you working this hard at your age?" or "Shouldn't you think about retirement?" As lawyers with a passion for trying employment law cases, we love evidence like this.

Courts and juries are increasingly sympathetic to age discrimination claims. Only half the world is of a certain gender, and much smaller percentages belong to particular racial, ethnic or religious categories. Everyone, however, gets older. Almost every potential juror knows someone who has been laid off just because he or she is over the age of 50.

Waiver Of ADEA Rights In Exchange For A Severance Package

The ADEA allows you to waive certain rights at your employer's request in exchange for a severance package or any other consideration. If your employer asks you to waive these rights, consult a lawyer before you sign any documents. The ADEA has specific criteria to fulfill to ensure your waiver is valid. Your employer must provide it in writing and it must be clearly comprehensible, and must:

  • Enumerate your specific rights under the ADEA that are being waived
  • Not include waiver of your future claims or rights
  • Advise you to confer with a lawyer prior to signing
  • Give you 21 days to review the waiver
  • Give you seven days grace period to revoke the waiver after it is signed

If your employer asks you to waive your ADEA rights in exchange for a severance package, please consult with us to be sure your waiver will stand the test of time.

Contact An Employment Law Attorney Who Has The Skills You Need

Professional employees and applicants for jobs have the right to an employment relationship without age discrimination. From hiring, compensation, benefits, training, promotion to firing, state laws work in tandem with the federal ADEA to protect workers over 40 years old from any adverse action on the job based on their age. If you are 40 or over and believe you have experienced workplace discrimination because of your age, call The Amlong Firm in Fort Lauderdale today. We will aggressively protect your rights. Email us or call our office in Fort Lauderdale at 954-519-2235.

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Karen provided me with all of the information needed to enable me to make sound decisions supported by her recommendations each step of the way. Her strategy and control of the process resulted in a fair settlement without having to go through a trial by jury.

At the end of the day, I trust Karen Amlong. Her knowledge and experience is evident. She kept me and my best interests in the forefront at all times and everything we discussed during our initial consult ended up being spot on, even the timeline..

Regardless of how hard the opposition pushed, the Amlong Firm dug in, and defended even harder. The Amlong Firm not only fought on behalf of myself, but also for my family in regards to the harm they suffered.

Fighting for justice is exhausting. When the other lawyer is playing dirty tricks, it's reassuring to know that The Amlong Firm has gone all the way to the Supreme Court to fight for justice for for a client – and they won.

My phone calls always were answered, my questions and concerns were dealt with promptly. Knowing I had competent, respected representation at this very stressful time was step one in moving on.

The decision to obtain Karen Amlong was the best choice I could have made dealing with my case. I highly recommend this attorney for anyone who is looking for a strong, aggressive attorney.

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500 Northeast Fourth Street
Suite 200
Fort Lauderdale, FL 33301

Toll Free: 877-367-4440
Phone: 954-519-2235
Fort Lauderdale Employment Law Office