Age discrimination is more in the spotlight than ever thanks to millions of layoffs caused by the bitter economy. The fact is, younger workers are cheaper, and many companies desperate to cut costs in any way possible may be letting their more experienced workers go or avoiding them by offering promotions. If you suspect that you may be a victim of age discrimination, hiring a good employment attorney as soon as possible is essential. To have a legitimate claim, you must be able to prove one, some, or all of these five criteria.
Age Requirement: To claim age discrimination, you must be 40 years of age or older when the crime occurred.
2. You were qualified for the job: You must also show that you had all the required skills and that you met your boss’s expectations for the job you were doing before your layoff or that you were well qualified for a promotion that you did not get. .
3. You lost to a younger employee – You must show that you were replaced by someone younger or that a younger person received a deserved promotion instead.
4. Discrimination is a Possible Factor – You must be able to show that age discrimination was the likely factor that led to you losing your job or being barred for a promotion.
5. Your employer was not sincere: Even if the reason given for being fired or avoided does not involve your age, you must be able to prove that the reason given was not legitimate and that age was actually the deciding factor.
As you can see, testing the five criteria above can be difficult, but it is definitely not impossible. One thing is for sure: you can’t do it alone. The wisest first step you can take is to consult with an employment attorney and he or she will be the best judge in determining whether or not you can have a good case.