Imagine being a committed employee who is never late for work and who others can depend on and then losing it all in one day. Getting fired is one of the most devastating experiences in life. Being fired because you are “too old” can be even more disheartening. Unfortunately, age discrimination is common in the United States of America. Many older workers in the U.S. face unfair treatment in the workplace or are terminated solely because of their age. If you find yourself in a situation where an employer has fired you because you are “too old,” it is vital that you understand your legal rights and how to proceed. The following are some of the steps to take if an employer fires you for being “too old.”
Understand Your Legal Rights
The first thing you should do if you believe an employer fired you because of your age is to familiarize yourself with the laws that protect workers from age discrimination. The Law Against Discrimination (LAD) prohibits age discrimination in New Jersey. Age discrimination is also prohibited on the national level under the Age Discrimination in Employment Act (ADEA). Both laws prohibit discrimination against individuals who are 40 years or older. If an employee is fired because of their age, they can take legal action against the employer and seek justice and compensation.
Collect Evidence
If you believe that an employer terminated your employment because you are “too old,” it is crucial that you gather evidence. If you take legal action against the employer, you will need evidence to support your claim. For example, look at the person who replaced you. Is this person significantly younger than you? If they are, this could be crucial evidence in your age discrimination claim. Were other older workers fired around the same time as you? If there is a pattern of older workers getting terminated, this could also serve as evidence. Try to reach out to any former co-workers who may be willing to testify or provide statements. This could be people who still work for your former employer or other older individuals who were terminated. Other types of evidence that could help with your case include positive performance reviews and correspondence between you and the employer that shows discriminatory remarks about your age.
Contact a Qualified Employment Lawyer
If you believe you were fired because of your age, contact a qualified employment lawyer as soon as possible. An attorney can assess your case, determine if you have a valid age discrimination case, and advise you on your legal rights.
Make a Formal Complaint
If you have a valid age discrimination case, you can file a formal complaint with the appropriate agency with the help of an attorney. This can be the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC). A skilled employment lawyer can help you determine where to file your complaint. Remember, there may be time limits for filing your claim, so you must act fast.
Contact Us for Legal Help
If you believe an employer fired you because of your age, contact our skilled New Jersey employment lawyer at The Trabosh Law Firm for legal help.