Chanfrau & Chanfrau

Age Discrimination and Layoffs

By Kelly Chanfrau, Esq. on February 27, 2019

A man having a tough time after being laid offMany companies trying to foster a young and dynamic workforce may attempt to let go of older employees. This is often the case with employees over the age of 40 who are not at senior or management levels within the company. When companies let go of older employees solely because of their age and not their performance, this is an example of age discrimination.

Our Daytona Beach, FL workplace law and employment discrimination attorneys can help you hold your former employer accountable if they let you go on the basis of your age. The lawyers of Chanfrau & Chanfrau would like to cover these kinds of workplace discrimination cases below in greater detail.

Protections Against Age Discrimination

There are federal and state laws that protect employees from age discrimination. Both the Age Discrimination in Employment Act (ADEA) and the Florida Civil Rights Act (FCRA) prohibit discrimination on the basis of age. These laws offer protections for employees over the age of 40 since they are often targeted in cases if age discrimination at the workplace.

Multiple Older Employers Laid Off Simultaneously

One of the clearest signs of workplace age discrimination is when multiple employees are laid off who are in their 40s or older. If there it is clear that a company has singled out older workers in a layoff and shows preferential treatment for younger employees, this is a sign of age discrimination.

Be mindful of trends when people are laid off, and which employees are retained. If older workers are being devalued and fired, it’s worth discussing this with an employment lawyer.

Other Signs of Age Discrimination

Additional signs of age discrimination at a workplace to keep an eye out for include:

  • Denial of promotion based on age
  • Lower wages based on age
  • Being encouraged to retire
  • Harassment or isolation for co-workers

If you are in a workplace culture that promotes and encourages age-based discrimination, it’s important to report it to the Equal Employment Opportunity Commission (EEOC) as soon as possible.

The Burden of Proof is on the Employee

Keep in mind that the burden of proof in these age discrimination cases is often on the employee. After filing a formal complaint with the EEOC, it must be found that the age of the employee was the direct cause of being laid off or discriminated against. The employer may cite a Reasonable Factor Other Than Age (RFOA) for the layoff as a means of combatting accusations of age discrimination.

How Our Lawyers Can Help

Given the burden of proof and the complexities of employment law matters, it’s a prudent idea to hire a skilled employment law attorney. They can help you determine the right course of legal action and build a strong case that demonstrates the discriminatory actions of your employer.

Our law firm is here to fight for you every step of the way, and seek damages to cover the financial hardships of a layoff, or help negotiate a fair severance package given the quality and length of your work for the company in question.

Learn More About Fighting Employment Discrimination

For more information about fighting workplace discrimination and ensuring your side is heard, be sure to contact an experienced employment discrimination lawyer. The attorneys of Chanfrau & Chanfrau are here to help. You can reach our law firm by phone at (866) 610-0653.

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