Workplace Age Discrimination Labor & Employment Lawyers
If You Believe You May Be A Victim Of Age Discrimination In The Workplace, Our Law Firm Can Help. El-Hag & Associates Represent Employees Who Have Been Discriminated Against in the Workplace Because Of Their Age.
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If you believe you have been a victim of Workplace Age Discrimination, contact our law firm to gather evidence and come up with a plan to hold your employer accountable.
Speak out if you experience workplace age discrimination. If you know someone who has experienced workplace age discrimination speak out on their behalf and encourage them to seek legal recourse.
Our Lawyers Could Help You File Complaints With The New York Human Rights Commission an agency that enforces laws and policies to protect the rights of older and sometimes younger workers and with the Courts if required.
“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”
AGE DISCRIMINATION IN THE WORKPLACE LAWYER NY
We’ve helped employees just like you recover millions in damages. We can help you too!
Do you think that you might have been a victim of age discrimination? The labor and employment law firm of El-Hag & Associates, P.C can help you. Our Westchester New York age discrimination law firm specializes in workplace age discrimination. We have recovered millions of dollars for victims of workplace discrimination. We have brought age discrimination, and other types of discrimination lawsuits against small businesses and major multinational corporations and have achieved excellent results for our clients.
While laws are passed to secure safety and security for workers over 40 in the workplace, there is still a long way to go before older workers can feel completely safe and secure at work. One of the main reasons why older employees experience such rampant discrimination is because many employers believe that their salary and benefits are too high because of the time they put into the business and that it’s best to get younger and cheaper employees to keep profit margins up. Often employees are forced to keep their age a secret to get through the application process.
The Age Discrimination in Employment Act (ADEA) protects workers who are 40 years of age or older from age discrimination in the workplace. However, age discrimination can happen to people of any age. If you have been treated unfairly at work because of your age, you may have a claim for age discrimination. The labor and employment lawyers at El-Hag can help you determine whether you have a valid claim and fight for the compensation you deserve.
However, age discrimination can happen to people of any age. If you have been treated unfairly at work because of your age, you may have a claim for age discrimination. The labor and employment lawyers at El-Hag can help you determine whether you have a valid claim and fight for the compensation you deserve.
When you’re a worker over 40 years of age, you may feel like your employer is trying to get rid of you, and you may not know what to do about it. Despite the prevalence of workplace age discrimination, there are several things that employees can do to protect themselves from such abuse. First and foremost, employees should ensure that they are updated on their workplace rights regarding age discrimination.
If you think you might be a victim of workplace age discrimination, please call us today for a free consultation. We can quickly assess your case and let you know the options available to you. In most cases, it is very difficult to prove age discrimination because there is no “smoking gun,” so it is best to schedule a consultation with our employment and labor law firm to review the facts and develop a plan.
WHAT IS WORKPLACE AGE DISCRIMINATION
If you believe you have been the victim of age discrimination at work, contact our experienced labor and employment workplace discrimination attorney to discuss your case. Our lawyers can help you determine whether you have a valid claim and what steps to take to protect your rights. Age discrimination can be extremely damaging to someone’s career and mental health; unfortunately very common in the workplace.
You must speak up if you believe you have been the victim of age discrimination in the workplace. Laws in place protect workers from age discrimination, and you may be able to file a claim against your employer. Our experienced labor and employment law firm can help you understand your rights and options.
Examples Of Age Discrimination In New York
There are many examples of workplace age discrimination in New York. One typical example is when employees that are over 40 years of age are denied the promotions and opportunities and benefits that younger workers are offered. Workers subject to age discrimination sometimes experience a more significant wage gap through inferior assignments and less opportunity than their younger coworkers. In other age discrimination cases, it may take the form of harassment and a hostile work environment, that is created by comments or conduct that is directed at employees based on their age.
Examples Of Age Discrimination In The Workplace
- Pay disparities between older and younger workers
- Promotions and job opportunities that are not equally available and based on an employee’s age
- Failing to provide equal access to development and training opportunities to older employees
- Harassment such as intimidating comments, gestures, and jokes harassing or intimidating the employee based upon their age
- Denial of promotions because of the employees age being over 40 years old, while employees with less experience and younger are promoted for age discrimination reasons
- Employer gives benefits to some younger employees’ families while not providing benefits to older employees’ families because of age discrimination
- Denying a promotion or hiring of an employee because of their age
- Getting Paid less salary than employees who are older or younger despite working in the same position and handling the same job responsibilities
- If, in the course of a job interview, you are asked about your age or intentions to retire
- Denial of working hours modification request to older employees to go to a doctor’s appointment, while younger employees are granted such requests
What Is Not Age Discrimination or Harassment
At El-Hag & Associates, P.C we receive calls every day from people who believe that they have been discriminated against because they feel that they lost their job for unfair reasons, or because the workplace is not fair. This is not age discrimination by itself. To learn if the treatment on your job is due to fairness in the workplace contact the employment and labor law firm of El-Hag & Associates.
It is not harassment when people in the workplace make petty slights, are generally annoying, or make isolated discriminatory or derogatory remarks (unless extremely serious) about your age. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Age Discrimination. Age Discrimination must occur because you are part of a protected class, such as being over 40 years of age in the workplace. For example, an employer can decide that he will fire any person if they come 1 minute late to work, even if it happened only 1 time. But it would be discriminatory if the employer said that he is only going to apply that policy to employees that are 40 years of age or older
How Do You Win An Workplace Age Discrimination Lawsuit?
There are several factors that you must prove to win an employment age discrimination lawsuit. If you can answer yes to the following questions, you may have been a victim of employment discrimination:
1) Do you work at a company with 4 or more employees?
The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 15 employees. So, the first thing to check is if you are protected by the law.
2) Did something bad happen to you at work?
- Being fired
- Being laid off
- Not receiving a raise
- Being demoted
- Being passed over for a promotion
- Being harassed at work
3) Are you a member of a protected class?
4) Were you qualified to perform the job at issue?
You must be able to demonstrate that you had the right skill set to perform the job at issue despite your disability.
- An example of being unqualified- is if you apply for a job as a lawyer, but you don’t have a law degree, you won’t be able to say that you were discriminated against if a law firm did not hire you.
- An example of being qualified and passed over in a discriminatory situation would be if you had the same or greater abilities than others who applied for a job position. Both you and the person that is not part of a protected class which includes pregnancy had equal experience working in the position you were applying for. If the other individual was hired, but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified individual were passed over for the job.
- In certain circumstances it is also illegal to discriminate against a younger qualified person, because of their young age, if they could do the job
5) Does it seem likely that age discrimination occurred because you are a member of a protected class?
This means that there is some evidence that shows that something bad happened to you at work BECAUSE of your age. There must be a believable cause-and-effect relationship between your age and the negative job action. For example:
- You were fired BECAUSE of your AGE
- You didn’t get a raise BECAUSE of your AGE
6) Is your employer’s reason for taking the adverse action a lie (“Pretext”)?
Your employer can take any negative action in the workplace as long as there is a legitimate reason for it, and it is not retaliatory. In almost 100% of age discrimination cases, your boss is going to have an excuse that explains why you were treated badly. Your responsibility is to demonstrate that your boss’s excuse is false and that the real reason is age discrimination. For example, if you are over 40 years of age and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if employees who are not over 40 years of age act the same way and perform the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.
recovered $160,000 in severance pay and left work on his own terms.
recovered $60,000 when her employer denied her leave for her disabled child (3 years pay)!
recovered $50,000 for losing his job after his boss made racists comments!
recovered $25,000 in unpaid overtime because her boss incorrectly treated her as not entitled to overtime under the law as a salaried office worker.
recovered $45,000 as a deli worker because he worked more than 40 hours a week without overtime pay. The boss paid him off the books without paying him any overtime and we recovered an extra $10,000 in penalties.
How We Help You Get the Compensation That You Deserve For Your Workplace Pregnancy Discrimination Case In Just 4-9 Months
Let our Workplace Age Discrimination Law Firm Fight for You
Don’t Let Your Employer Intimidate You From Being Compensated For The Age Discrimination in the Workplace That You Were Subjected To By Threatening Or Scaring You Into Inaction
- You can sue any company you worked for in the past three years. It does not have to be a company at which you are currently working.
- Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.
- The law protects you. The law prevents retaliation. You can collect unpaid wages and benefits, and penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work.
- Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your pregnancy discrimination evaluation, come up with a strategy, collect evidence, and begin when you are ready.
Why clients prefer El-Hag Law
Millions in unpaid wages on behalf of individual clients
Although we have litigated class action lawsuits, nothing makes us happier than handing an individual a check for tens of thousands of dollars. It’s a life-changing experience for most of our clients. That is why we focus on helping the most underserved people and take on the most challenging to win cases. We know how to win these cases and are not afraid to fight on our clients' behalf.
Experience representing employees on an individual or class action basis
Did you know that you could end up receiving less as being part of a class-action lawsuit instead of litigating your case individually? We have handled numerous cases where there are multiple clients, and we know when it would benefit our clients to be part of a class action or not. Generally, class actions benefit the lawyers more than the clients, and we will never put our interest before yours. We always keep our current clients' interests at the forefront of our decisions. Because we have experience handling class action lawsuits and individual lawsuits, we can help you make the right decision for your case.
Will take your case to trial if necessary
The truth is that most lawsuits settle. Many attorneys have no experience going to trial. However, we will. And because we will bring it to trial, we can get better settlements for our clients because other firms know we will go the distance.
Your case is handled by the same person from start to finish
How would you like it if the person who handles your trial is not the person who had all the experience of putting your case together from the beginning? Some law firms will have different people working on different parts of the case to make the firm more efficient. However, in the process, things can fall through the cracks. Not with us. One person handles your case from start to finish, so the representative is personally familiar with all people and facts.
There is an art to winning a lawsuit. How can a person know how a witness will behave at trial if they had no interaction with the witness before the trial date? It's impossible to be effective. These are the kinds of things most people do not know to ask when they are evaluating lawyers. But because we need to win your case to get paid, we make sure that your case does not fall through the cracks.
We care about you and your case
We don't nickel and dime clients for 1-minute phone calls. We put in the time to build relationships and educate our clients. We know this is a scary process for most people. Every client who has walked through our door has never been in a lawsuit before. We want to make sure you are comfortable and educated on what is going on with your case. We provide you with the right information to make educated decisions about your case. It takes time to build strong relationships, and we are happy to put in the time for you.
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