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What It Takes to Win an Age Discrimination Lawsuit

Posted by Kathy Harrington-Sullivan | Mar 24, 2016 | 0 Comments

Proving age discrimination in the workplace can be a challenging task. Long before you are terminated and start to feel like you are being discriminated against, it is in your best interests to start to take notice of what is occurring in your work environment. Sometimes there will be situations where you are blindsided and did not see the termination coming. Either way, take the time to review the following information, and then contact age discrimination attorneys for more details.

Documentation and Evidence

In order to prove age discrimination and win your lawsuit, your lawyer will require documentation and evidence to support your claim. There are several different types of legal information, evidence, and documentation that can be used to help prove your employer was discriminating toward you based on your age.

It is most important to establish your employer has violated the Federal Age Discrimination Act or state laws. You will want to have an accurate recollection of the events surrounding the discrimination. Having a list of employees, with contact information, who were affected by the actions of your employer, or witnesses, goes a long way to help your case.

In addition, when you provide accurate information, witnesses, and other details about the work environment, it helps determine if there is truly age discrimination occurring. Sometimes it may not always be age discrimination, but another form of workplace discrimination, such as sexual discrimination or racial discrimination.

What Does a Lawyer Have to Prove to the Court?

Depending upon the circumstances, there are several different aspects to an age discrimination case your lawyer will attempt to prove to the court, as follows:

  • You Were Fired Due to Your Age

You were fired due to your age. If you were hired when you were in your 20s and fired in your 40s, it might be age discrimination, even if the employer states you are being terminated for another offense. For instance, your employer “down-sized” and let all older employees go, while retaining all younger, lower paid employees.

  • Your Boss Treats All Older Employees Badly

Your millennial boss always has some derogatory comment about older employees or shares the latest old-age jokes in the office with younger employees. In most cases, when a boss is committing age discrimination, he or she does it toward all older employees, not just you.

  • You Are Not Meeting Performance Standards

If, all of sudden, you are told you are no longer meeting performance standards, yet have never had a performance review, or not all employees are being held to the same performance standards, it can potentially help prove your lawsuit.

  • You Were Replaced by a Much Younger Employee

Your boss hires a much younger employee, asks you train them to do your job, and then, after they are trained, you are let go, while they are retained and take over your job.

It is important to mention, the above content should be used for informational purposes only and not as legal advice. If you believe you are the victim of age discrimination, contact Barrett & Farahany, LLP at (404) 238-7299. You will immediately be connected to an attorney specialized in age discrimination who will answer your questions at no charge to you (a $350 value).

About the Author

Kathy Harrington-Sullivan

Kathy Harrington Sullivan is a Partner at Barrett & Farahany who helps potential clients understand the law, clarify their rights, and determine which steps they can take to protect themselves and their jobs.


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