New York age discrimination attorneys like the ones at Leeds Brown, see cases of age discrimination every day. In today’s difficult economic environment as businesses are trying to cut corners, older workers are being coerced to retire, sometimes unlawfully. Employers are not hiring some older workers because they are “overqualified.” Still many other employees are being mistreated at work on a daily basis, being mocked, insulted or left out of important meetings and training sessions.
There are numerous laws that protect workers from such age discrimination in the workplace. On the federal level, laws such as the Age Discrimination in Employment Act (ADEA) deem it unlawful for an employer to make an employment decision based on an individual’s age if the individual is 40 or older. The Older Workers Benefits Protection Act (OWBPA) gives workers 40 and older specific protections when signing severance agreements and waiving their rights to file age discrimination claims.
New York State anti-discrimination laws go even further than federal laws and protect workers who are 18 and older from discrimination. New York State Human Rights Law 296(3a) (a) makes it unlawful to “to discriminate against such individual in promotion, compensation or in terms, conditions, or privileges of employment, because of such individual’s age.”
If your employer, prospective employer or co-worker has discriminated against you because of your age, you may wish to speak with New York age discrimination attorneys at Leeds Brown. Our experienced attorneys can guide you through the complex process of filing and proving a discrimination claim, all while expertly representing your best interests. Our goal is to secure the outcome you deserve and want. Whether your desire is to be reinstated, hired for a job or to receive monetary compensation reflective of the damage caused by your employer’s actions, we will work tirelessly to help you reach your goal.
Categories of available damages may differ slightly under federal and state laws and even from one state to another, but there are several types of damages that victims of discrimination may receive. Each case is different, and we can’t know what you may be entitled to until we hear the facts of your discrimination case and determine the best way to proceed. Some of the most common categories of monetary damages in discrimination cases are:
Lost Income and Future Income
Successful claimants in age discrimination cases may recover pay they lost due to the discrimination. For example, if you can prove that your employer fired you or prevented you from being promoted because you are 50 you may receive the money you would have earned between the time of the discrimination and the time your case begins. You may also be able to receive front pay or future pay which is the money you would have continued to earn during the time of your trial and into the future.
If you can prove that your employer acted willfully to violate the ADEA or acted with reckless disregard for the law, you may be able to receive liquidated damages. Liquidated damages is an amount up to two times the amount of back pay.
You may also be able to recover an amount equal to the value of any benefits you may have lost as the result of your unlawful termination or discrimination. For example, health care benefits, pension benefits and other fringe benefits you lost because of the discriminatory act may be part of an award for damages in a successful age discrimination case.
When an individual experiences age discrimination in the workplace, it can make it difficult to go to work every day. He or she may be facing harassment, insults, shunning and more. This hostile environment can cause anxiety, panic, and depression. Being unlawfully terminated can be humiliating and stressful and lead to “pain and suffering.” Your New York age discrimination attorney at Leeds Brown can assess whether or not you may be entitled to recover money for your emotional distress and how much you might reasonably expect to receive.
Punitive damages are just as they sound. They are intended to punish and may be available in cases where employers act willfully-with knowledge that they are violating the law or with reckless disregard of the law.
Hiring, Promotion, Reinstatement
In some cases, individuals who bring successful age discrimination claims can get their jobs back, receive promotions or job benefits initially denied because of discrimination. For example, an employer may be forced to hire an employee who, for discriminatory reasons, was passed over for a job.
You may receive an award for attorney’s fees if you win your age discrimination case.
Knowing what monetary damages may available to you is important if you wish to pursue an age discrimination claim but it is more important to be able to recognize age discrimination when it occurs. Age discrimination occurs when an employer makes an employment decision based on age. What does this mean? An employment decision may involve:
For example, your employer only offering computer training to workers under 30 may be discrimination. Promoting a younger employee who is less qualified for the job than you are may be evidence of discrimination. If all of the employees in a round of layoffs are over 50, this may be discrimination.
Age discrimination may also be behavior that is harassment. If you are referred to as “dead weight” or “grandpa” or otherwise made to feel uncomfortable at work because of your age, it may be age discrimination.
Age discrimination can be very difficult to prove. Age may be one of many factors in any given employment decision. Having age discrimination lawyers like the ones at Leeds Brown, who are adept at requesting necessary records, organizing documents and interviewing witnesses is very important to a successful claim.
New York age discrimination attorneys help victims file claims when they experience employment discrimination. Whether you are 19 and told you are “too young” for a job or 55 and informed you are “too old,” age discrimination lawyers at Leeds Brown can review your case and determine if you have a valid claim against an employer.
When you are the victim of employment discrimination you may not know where to turn or what your options are. By contacting the expert New York age discrimination lawyers at Leeds Brown, you are taking an important step toward protecting your rights and securing any compensation you may deserve. Our attorneys have been working tirelessly to recover damages for New York employees for decades, and our team-based, hands-on approach has resulted in millions of dollars in recoveries for our clients. Our priority is ensuring that workers receive fair compensation, and employers are held accountable for their unlawful employment practices.
Contact Leeds Brown for a free case evaluation. We have someone to take your call 24/7 at 1-800-585-4658. Call New York age discrimination lawyers today and find out what damages you may be entitled to collect for your age discrimination claim.
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