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The Age Discrimination in Employment ActThe Age Discrimination in Employment Act (ADEA) protects you from discrimination on the basis or your age. The ADEA forbids discrimination against people age 40 and over in any aspect of employment. Banik and Renner, age discrimination attorneys, represent employees suffering from workplace age discrimination.
You are covered by the ADEA if:
- Your employer has 20 or more employees
- You are over 40 years of age
- You have been treated differently because of your age
- Other employees younger than you have been treated more favorably
It is a violation of the ADEA if the employer:
- Treats you differently by failing or refusing to hire you or discharging you because you are over 40 years of age
- Discriminates against you in terms of pay, benefits, working conditions, or other privileges of employment, because you are over 40 years of age
- Limits your opportunities or classifies you in such a way that deprives you of opportunities or status as an employee because you are over 40 years of age
- Discriminates by paying you less than similarly situated employees younger than you
- Discriminates or retaliates against you for reporting your own or other’s workplace age discrimination, including testifying, assisting or participating in an investigation, proceeding or litigation based on age discrimination
If you are over 40, have you been:
- Turned down for a job, or advancement?
- Paid differently than similarly situated younger co-workers?
- Given different performance expectations than younger workers?
- Treated differently regarding recruitment, tenure, layoff, leave, fringe benefits?
- Fired, demoted, laid off or put on a Performance Improvement Plan and feel it is because of your age?
Understand the benefits and protections you are entitled to under the law. KNOWLEDGE IS POWER.
Why choose Banik & Renner?
- Individualized service with no assembly line representation
- The lawyer you meet with is the lawyer who represents you
- We are local attorneys who have practiced in the community since graduation from Notre Dame Law School three decades age
- We attend seminars and remain current in our areas of practice
- We ask questions and we really listen to your answers to help you
- We will not “hard sell” you on our representation
- We explain your options in words you can understand or keep trying until you do
What do I need to do before meeting with an Attorney?
- Write down a list of all the events that have occurred related to your age discrimination issues at work including the date, who was involved and what happened
- If you have received warnings, write-ups or been placed on a performance plan, bring those documents with you
How do I contact Banik & Renner?Click here to contact us or call 574.293.7170 for more information or to schedule a CONSULTATION
The Age Discrimination in Employment ActI don’t want to sue my employer, is there anything I can do?
Yes, meet with a workplace age discrimination lawyer at Banik & Renner. Understanding the law and your rights empowers you to take appropriate action. Meeting with an attorney before there is a crisis at work is the best thing an individual experiencing age discrimination can do. If you don’t understand what you are entitled to under the law, you and your employer may end up frustrated, angry and resentful.
I am over 40 and my employer brought in a much younger worker, had me train her and then moved me to a lower grade, dead-end position with no opportunity for advancement. Is this a violation of the ADEA?
Yes, it may be, particularly if there was no reason for your move other than to vacate the position for the younger employee. If the new younger employee is less qualified that may be an indication of age discrimination as well.
Can my employer force me to retire?
In some instances, yes. If you are over 65 and employed as an executive or in a high ranking position and your retirement plan meets the requirements of the ADEA. If there is a bona fide reason or business necessity an employee may be forced to retire, however, the courts will scrutinize the employer’s allegation of reasonable factors other than age. For example, pilots often have a mandatory retirement age due to the risk to passenger from a pilot having an age related medical issue.
I don’t know for sure that I have been discriminated against because I am over 40 and I am afraid that if I ask I will lose my job.
Retaliation for reporting or questioning workplace age discrimination is prohibited by the ADEA. At Banik & Renner we can help you communicate with your employer. We assist clients in understanding their rights, how the ADEA works, what is considered discrimination based on age, and help explore your options if it becomes clear that retaining your employment is not likely. By understanding the ADEA and being able to discuss your specific circumstances we may be able to assist you in retaining your employment or negotiating. We have been successful in helping employees retain their jobs.