Employment law attorneys cover a wide range of areas within employment law from work place harassment to age discrimination. An area fraught with all kinds of legal potholes and loopholes, employment law attorneys will help you sort out how to proceed if you have a complaint.
Employment law attorneys have the best level of expertise to deal with age discrimination and the Age Discrimination in Employment Act. An Act we will be taking a quick look at to determine how employment law attorneys may handle such cases.
Generally speaking when employment law attorneys take a look at a complaint being laid under the Age Discrimination in Employment Act, they first have to determine if the employer DID discriminate against the employee with regard to privileges/conditions of employment based on the employee’s age. By the way, this law applies to employment agencies and labor organizations. The one thing you must be prior to filing a complaint under this act is, you must be over the age of 40. It doesn’t matter how old you are after that minimum.
Having said that, another thing employment law attorney’s consider is case law in this area, particularly if age is a bona fide occupational qualification. e.g. an airline pilot. There are several other narrow exclusions, but that’s why you hire employment law attorneys – to wade through the jargon for you, and win your case of course.
A few other things you might need to know if you are contemplating filing such a suit. Usually you must pre-file a charge within 180 days after the alleged unlawful incident. Or, you need to file within 300 days if it was a state age discrimination law. Again, there are so many ins and outs and exclusions and rules that if you don’t have a clue, then talk to your lawyer.
There is even the consideration of jurisdiction for these kinds of cases. Jurisdiction meaning an employer must have 20 or more employees for each working day in each of 20 or more calendar weeks to be covered by the Age Discrimination Employment Act. It gets more complicated, and this is just the tip of the iceberg. But you get the idea. This is a complex area and Employment law attorneys can make good money litigating settlements.
Speaking of settlements, some of the following remedies are often awarded in settled cases. Back pay, attorney’s fees, liquidated damages, front pay and injunctive relief. With so many options open, it can at least make your situation a little more bearable. Just be prepared for your case to take a long time in litigation. None of these cases are ever easy, but if tried properly and thoroughly, chances of success are good.