ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
©1997 by Steven Pradell
Some seniors find themselves out of work for no apparent reason other than their age. Empoyers may terminate seniors under the pretext of downsizing or corporate restructuring, when what is really going on is the replacement of an older person by a younger worker. Today, Equal Employment Opportunity is the law. Employers are not allowed to discrimiate against employees on the basis of age.
In order to make out a case of discrimination under the Age Discrimination in Employment Act of 1967 (ADEA), a terminated employee must be at least 40 years old. However, even if an older person is replaced by another person over 40, a terminated employee may have a valid claim if it can be established that the motivating factor in replacing one employee with a younger one is age. The Act protects applicants and employees from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment.
If you are a terminated employee who is over 40 and you believe that you have been discriminated on the basis of your age, you are required to first file a complaint with the Equal Employment Opportunity Commission (EEOC). The address of the EEOC is 1801 L Street, N.W., Washington D.C., 20507. You can call the Commission at (800) 669-4000, or if you have a hearing impairmanet, the TDD number is (800) 800-3302 However, you have the right to file a case in court 60 days after you file your complant with the Commission. Retaliation by an employer against a person who files a charge of discrimination is also prohibited by Federal law.
If you prevail in your case, you may be entitled to recover payment for lost work, or lost future income which you would have received had you not been terminated, plus your costs and attorney's fees. Another remedy which you can seek is reinstatement. If you show that the termination was a result of intentional (willful) discrimination, you may be able to recover double the amount of the back pay that you are owed. Normally, punitive damages and compensatory damages, such as pain and suffering, are not available for a claim of age discrimination under the ADEA. A person who files a claim for age discrimination has the right to demand a trial by jury in a court of law.
If you are a senior who believes that you have been terminated from work due to your age, it may be wise to consult with an attorney who can answer your questions regarding your rights. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer. It is often important to consult with a lawyer at the start of the process in order to make preliminary decisions regarding how to proceed.
Steven Pradell is an Anchorage attorney with a practice emphasizing senior issues, including probate and estate planning, wills, and family law. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.
The law office of Pradell and Associates provides low cost legal consultations. Attorneys can recommend a course of action which can assist you in resolving your case. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).