Amidst the great recession the country is facing today, companies are now trying their best to hire individuals who are competitive and require small wages. These characteristics are mostly seen in younger employees who have just finished high school or college who badly need work. But what about older and senior employees? Do they still have a place in companies today? For now the answer is yes, but it won't take long until all company employees are composed of young professionals and workers.
Nowadays, old and senior employees experience what is commonly known as age discrimination. The victims of this type of discrimination are usually employees and workers who are 40 years old and above. However, under the Age Discrimination in Employment Act (ADEA), no employer is allowed to discriminate against employees just because they are too old or too young. Here are some discriminatory practices that are not allowed by ADEA:
- Refusing to hire an individual because he is already over 40 years old.
- Discriminating against an employee by making statements or telling jokes about his age.
- Failing to promote a senior employee and preferring a younger one because the latter can perform the tasks better.
- Terminating or firing senior workers because a younger group is going to replace them.
If you are an employee who worked and contributed to a company for a long time, you have the right not to be terminated because of your age. But if your employer persists and you were fired, you may file a wrongful termination or discrimination complaint against him. There are certain things that you need to prove in order to make a valid complaint:
- The adverse employment action you experienced was caused by a new and younger employee.
- You believe your job performance is enough to earn you a promotion, but a younger worker was promoted instead.
- Your employer has taken adverse actions against you to force you to resign.
- You did not do anything for you to be terminated.
Employers should understand that having a decent job is something everyone dreams about. That is why robbing someone his job because of an unreasonable excuse is indeed a grave violation. Under federal and state labor laws, if an employer commits such a violation, he should be subject to a case trial. In order to win this kind of case, the employee should seek legal assistance from a Los Angeles employment lawyer.