Employment and Aging

With age comes wisdom. The older you get, the more you seem to know, the more you have learned, and the more you have lived. Although with aging comes wisdom, with aging also comes some forms of discrimination. You can experience discrimination because of your age anywhere you go, but it often happens in the workplace. When this type of discrimination is present in the workplace, it is important to seek legal advice. If you or a loved one have experienced discrimination in your workplace due to your age, contacting an experienced New York City age discrimination attorney is invaluable.

What is Age Discrimination?

Age discrimination involves treating someone, whether an applicant or an employee, less favorably because of his or her age. It is important to note, however, that the ADEA only forbids age discrimination against people who are age 40 or older. The law forbids discrimination when it pertains to any aspect of the employment process including hiring, firing, pay, job assignments, promotions, and layoffs. Statistics show that one in five workers believe that they have seen or experienced age discrimination in the workplace. To make matters worse, when it comes to the length of unemployment between jobs, older workers are at an all-time high averaging three months or longer for unemployment for someone age 55 or older, which is higher than younger individuals.

What are the Laws Regarding Age Discrimination?

Age discrimination is illegal, and the ADEA particularly forbids age discrimination in companies that have 20 or more employees. Some examples of age discrimination are:

  • Pressuring or forcing an employee to retire;
  • Not allowing older employees to learn new skills;
  • Promoting a younger person rather than an older worker.

For an action of age discrimination to succeed, the plaintiff needs to prove that age discrimination was a motivating factor in the decision. Though this may sound straightforward, age discrimination plaintiffs have a tougher burden of proof because they need to prove that age discrimination was the only factor involved. Nonetheless, the law allows for damages based on compensation, costs, emotional distress, past and future losses, as well as punitive damages. It goes further to protect the victims of age discrimination by enforcing retaliation laws against an employer who retaliates against an individual for filing a discrimination charge, testifying, or participating in a legal proceeding involving age discrimination.

Need Legal Advice?

All forms of discrimination, especially in the workplace, are unacceptable. Discriminating based on age, however, can be particularly humbling as each year passes. Age discrimination does not have to be accepted because there are laws in place that will protect you. If you or a loved one feel that you have been discriminated against by your employer due to your age, contacting The Law Offices of Joseph & Norinsberg may be beneficial to determining whether you have a case. Contact our office at (212)-JUSTICE or info@employeejustice.com so that we can strategize about the best possible outcomes for your potential case.

2020-09-14T16:46:22+00:00November 16th, 2015|Age Discrimination|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

TESTIMONIALS

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Ysaac G

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 

D.F.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

Karleen L.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 

Isaiah B.

I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.

Kate P.

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