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How We Help Fight Discrimination, Retaliation, and Wage Theft on Behalf of Our Clients.

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age discrimination lawyers

Older employees deserve respect for the wealth of workplace experience and knowledge they bring. Unfortunately, due to stereotypes and misconceptions about older adults and their abilities, many older workers face discrimination towards the end of their careers.

Employers who discriminate against older employees violate California and federal employment laws. Older employees who experience this kind of prejudice have the right to hold their employer accountable and even recover legal compensation for their mistreatment.

If you suspect that age discrimination has limited your career, qualified legal representation is crucial. The experienced age discrimination lawyers at King & Siegel have years of experience helping older Californians understand and assert their rights to earn a fair living. With our legal insights and strategic approach to litigation, we are prepared to help you challenge this unlawful bias and secure the justice you deserve.  

Why Our Age Discrimination Lawyers Make a Difference

At King & Siegel LLP, we know how damaging age discrimination can be to your career and dignity. However, it can be daunting to stand up to your employer about illegal prejudice. That’s where we come in. 

Our representatives are experienced legal professionals committed to helping older employees understand and assert their right to earn a living. Some of the benefits of hiring a skilled advocate from King & Siegel include:

  • Case evaluation. A free, no-obligation assessment of your claim and legal rights so that you can make an informed decision about your next steps.
  • Thorough investigation. Our attorneys are trained to investigate and gather evidence to support your claim, including witness statements, documents, and information about past discrimination patterns.
  • Experienced negotiation. Our advocates can work with your employer to resolve your claim out of court for a fair settlement for your mistreatment.
  • Strategic litigation. If necessary, an experienced litigator will present evidence and arguments in court to hold your employer accountable.
  • Fair compensation. Our advocates will negotiate rigorously to secure financial compensation for back pay, future lost earnings, benefits, emotional distress, and other professional damages you suffered.

If you believe you’ve been treated unfairly because of your age, you don’t have to suffer in silence. With King & Siegel, you can be confident that our team will provide compassionate and strategic guidance that gives you the best chance to achieve a favorable outcome.

What Is Age Discrimination in California?

Illegal age discrimination happens when employees or job applicants over 40 face unfavorable treatment in the workplace because of their age. Two primary laws protect California employees from age discrimination: the Age Discrimination in Employment Act (ADEA) and the Fair Housing and Employment Act (FEHA). 

On a federal level, the Equal Employment Opportunity Commission (EEOC) enforces the ADEA’s ban on age discrimination. Under this law, employers can face legal penalties for discriminating against employees or job candidates over 40 in any part of employment, including hiring, promotions, and pay. However, to receive these protections under the ADEA, you must work for an employer with 20 or more employees.  

Fortunately, California’s anti-discrimination law offers even broader protections than federal age discrimination legislation. According to California’s FEHA, workers over 40 are legally protected from age discrimination if their employer has at least five full or part-time employees.

What Does Age Discrimination Look Like?

Discrimination based on age can take many different forms. Some example situations that could be grounds for an age discrimination claim include:

  • Firing or laying off employees over 40 because of age;
  • Passing over qualified employees for promotions in favor of younger candidates;
  • Making repeated and offensive age-related jokes, comments, or insults;
  • Withholding opportunities for training and education from older employees;
  • Assigning older employees only unfavorable or menial tasks;
  • Demoting an older employee under the assumption that they can’t keep up with the demands of the job; and
  • Refusing to hire qualified older candidates because they “don’t fit the company culture.”

Additionally, if you quit your job because of consistent and severe mistreatment, you could have a claim for constructive wrongful termination due to age discrimination. Constructive wrongful termination occurs when an employer creates a work environment so intolerable for an older employee that they feel forced to resign.

If you left a position because of targeted discrimination, it’s essential to seek the advice of an attorney about your potential legal options.

How to File an Age Discrimination Claim in California 

If you suspect your employer is discriminating against your age, you have the right to take legal action to hold them accountable. Here are the steps involved in filing an age discrimination claim:

  • Contact a lawyer. A qualified age discrimination attorney can evaluate your situation and identify the laws that apply to your case. Their knowledge and guidance are crucial for protecting your rights throughout the legal process.
  • Gather evidence. Collect documentation that supports your claim, such as emails, performance reviews, or witness statements that show discriminatory behavior.
  • File an administrative complaint. Submit a formal complaint to the EEOC or California Civil Rights Department (CRD). These agencies can review your claim and may choose to investigate. 
  • File a lawsuit. If the EEOC or CRD can’t resolve your claim, you can request a right-to-sue letter and file a lawsuit against your employer. Your attorney will prepare witnesses and evidence to support your claim and advocate for your right to compensation in court or settlement negotiations. 

Pursuing a discrimination claim can feel daunting. However, don’t wait too long to take action if you think your employer violated your rights. Both state and federal laws have strict deadlines for age discrimination claims. If you miss the cut-off to file your administrative claim, you could lose your opportunity to hold your employer accountable and recover compensation. 

Don’t Wait to Contact a Bay Area Age Discrimination Lawyer

Being treated differently than your younger colleagues can feel frustrating when you’ve spent decades navigating your role or industry. However, this kind of treatment isn’t just unfair in many cases—it’s illegal, and you don’t have to tolerate it. 

At King & Siegel LLP, our advocates fight for just workplaces for all Bay Area employees. As passionate and experienced representatives, our strategic approach to litigation prioritizes your goals while reducing the stress of the legal process on you.

With nearly $75 million recovered for our clients, our proactive and compassionate approach ensures your case is handled with the care it deserves. Contact our office today to schedule your free consultation with a Bay Area age discrimination lawyer.

Choosing the Right Attorney Can Make All the Difference

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We started King & Siegel because we believe that the same aggressive, skilled, and passionate litigation tactics we learned at big firms could and should be available to workers and consumers in their most critical legal moments—when you are harassed, assaulted, demoted, fired, defrauded, or exploited by the institutions you rely on.

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We graduated from top-five law schools, including Harvard and NYU, and trained at the country's biggest and best litigation firms. As contingency attorneys, you don't pay us unless you win, which means our incentives are 100% aligned. We win if you win. It's that simple.