Is It Just a Layoff or Age Discrimination?
November 21st, 2008
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People of all ages, backgrounds, educational levels, and lifestyles are getting laid off in droves. In fact, the number of Americans applying for unemployment benefits reached a 26-year high last week, according to the U.S. Labor Department.
But if you’re over 50 you may be wondering if your layoff might be due to age bias. It will be tough to prove a discrimination claim in this economy with so many people losing their jobs. But if you really think you have a case for age bias here are some things to consider:
—Were only people over a certain age included in the layoffs at your company?
—Did you have the opportunity to talk with your employer to resolve the situation?
—If you choose to file a complaint, contact the Equal Employment Opportunity Commission (EEOC).
—You must contact the EEOC within 180 days of the alleged discrimination.
—If the EEOC dismisses your complaint, you have the right to sue in court.
Some other things that may strengthen your case are if your company has indicated it wants younger-looking employees, your employer has fired or laid off older, higher paid workers so it could hire people at lower pay levels, or you were previously turned down for a promotion because the company said it needs “new blood.”
The Age Discrimination in Employment Act (ADEA) protects people over 40 from job discrimination because of age. If you’re going to file a bias claim you’ll need to gather as much information as you can to prove your case. Carefully document your situation so that you’ll have what you need to back up your charges. Find an attorney who specializes in employment law to help you with your case.
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