Age Discrimination Lawyers in Fort Lauderdale
Seasoned Trial Lawyers Standing Up for You in South Florida
At The Amlong Firm, 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 and our positive track record of results has earned us many accolades and awards from our legal industry peers, including an Avvo 10.0 rating and AV Preeminent® from Martindale-Hubbell. Our highly successful employment discrimination attorneys will do what it takes to get justice in your case. We have a history of helping our professional clients aged 40 and over protect their employee rights. Not every case will go to trial but we prepare to litigate in the courtroom to ensure your case is thoroughly handled.
What Is Age Discrimination?
Age discrimination, also known as ageism, is the act of treating a person differently than others based on their age. Oftentimes in the workplace, employees over the age of 40 will be mistreated simply because of their age, resulting in hardship. Take legal action with the help of our firm!
Forms of Age Discrimination in the Workplace
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 (Age Discrimination in Employment Act) to protect workers over 40 years old from any adverse action on the job based on age.
Unfortunately, age discrimination still takes place and is common in many workplaces. Age discrimination can take many forms from finding yourself terminated to simple harassment.
Examples of age discrimination can include:
- Stereotypes in the workplace: Despite evidence to the contrary, a deeply-held stereotype continues to exist that workers are less competent as they get older. Employers incorrectly believe that older workers are not tech savvy and simply can't keep up with younger employees in today's fast-moving business world. If you are stereotyped because of your age and you are negatively impacted at work as a result, you may have a claim for age discrimination.
- A note on social media:
Employers are will within their rights to stipulate that all workers be technologically proficient enough to carry out their job duties. What's less clear is whether an employer can mandate their employees to master the intricacies of social networks like Instagram or Twitter.
Certainly the employee in charge of managing a company's social networking sites should know their way around all of the platforms. But requiring the same of a shift supervisor or the HR department head is a slippery slope.
- Biased comments: If your boss calls you "gramps," is constantly asking you about your retirement, or says you are working too hard for your age, you need to document it, including the names of any witnesses. This information would prove invaluable should you eventually need to file an age discrimination claim.
- Harassment: If, in an effort to get you to quit, your boss or co-workers are making your life at work miserable because of your age, you are a victim of age discrimination. Quite simply, they cannot harass you, call you names, or make fun of you because of your age.
- Favoritism and disparate treatment: Are younger workers always getting the best assignments or equipment? Is your boss punishing you more harshly than younger workers for the same actions? Was a younger employee given a promotion even though you were more qualified? If you answered yes to any of these questions, then age discrimination may exist in your workplace.
- Sudden poor performance review: If you suddenly start to receive poor performance reviews even though your work performance has not suffered or declined, you might have an age discrimination claim.
More indirect or subtle forms of age discrimination can include:
- Sudden and frequent job performance write-ups
- Limits on your work duties
- Changes in your office location
- Cuts to your work hours
- Offers to accept early retirement incentives or be fired
- Threats to your pension if you do not retire
- Instituting a mandatory retirement age
When you notice you, but not your younger coworkers, are dealing with these factors in the workplace, keep a written record of these incidences, including the names of coworkers witnessing them. Your documentation will be helpful evidence for an age discrimination claim. At The Amlong Firm, we can help by investigating and aggressively protecting your career.
It is important to remember that these are just a few of the many potential signs of age discrimination in the workplace. To learn more, it is best to contact an experienced lawyer who focuses on helping employees protect their employment law rights.
What Laws Protect Me From Age Discrimination?
Age discrimination is prevalent throughout the United States, but it's unlawful and the victims of this abuse will have legal recourse should they choose to fight for their legal rights in court. The federal Age Discrimination in Employment Act of 1967 (ADEA), prohibits employers from discriminating against an employee because of his or her age. The ADEA protects employees aged 40 and up from any kind of age-related discrimination.
That said, the ADEA doesn't protect all employees in all businesses. You have to be an employee of a company that employs at least 20 workers to benefit from protection under this law. If you work for a smaller company in Florida, you may still be able to seek protection from age discrimination under the Florida Civil Rights Act.
Contact a Fort Lauderdale Age Discrimination Attorney Who Has the Skills You Need
If you believe you have been a victim of age discrimination in the workplace, contact The Amlong Firm. We have a history of helping our clients protect their employee rights. Our passionate attorneys will fight tirelessly to ensure that your rights are safeguarded and will do what it takes to get the justice you deserve.
If you are 40 or over and believe you have experienced workplace discrimination because of your age, call us at (954) 953-5490 to learn your legal options today.