Protecting Both Business Finances And Futures

Is a former employee claiming you discriminated due to age?

On Behalf of | May 16, 2017 | Employment Litigation, Labor And Employment Law |

Ending someone’s time working for your company can be tense. Many times, companies take careful steps to ensure it gets handled carefully, including having security escort the former employee out of the building. Most recently terminated employees are eager to collect what they need and leave. Sometimes, when an employee gets let go, it doesn’t go as well. Occasionally, people will choose the moment of their termination to level accusations of discrimination against their former employer. When that happens, it can sometimes end up developing into a lawsuit against your company.

Having an experienced discrimination defense attorney representing your company can make a big difference. Are you dealing with a former employee who claims that his or her firing was the result of age discrimination? If so, then you need to seek the advice and advocacy of an experienced California discrimination defense attorney. Your attorney can review internal documentation, including previous written reports on the employee and records of other terminations. The right attorney can help establish to the courts that the termination was a matter of business or performance, not discrimination.

Age discrimination is against federal law

Under the Age Discrimination in Employment Act (ADEA), it is illegal to base hiring, firing or advancements of staff over the age of 40 on their age. It is not uncommon for a former employee to take a single statement or joke out of context and use it as evidence of age discrimination. Many people have a hard time accepting the fact that the termination of their job was a result of their job performance or company-wide cutbacks. It is easier to handle the loss of a job when they believe their former employer somehow wronged or mistreated them. Issues arise for companies as a result.

Ideally, your company has taken steps to document serious issues with employees. An attorney who understands discrimination law can help your company implement policies that will protect you from claims of age discrimination. Every issue, from chronic tardiness to insubordination should be carefully recorded into personnel files to ensure your company can prove that a termination was warranted and legal. If you didn’t have records before terminating an employee, an attorney can still help. Everything from internal emails to log-in and time clock records can be used to help build a defense strategy.

An attorney is critical to success defense against discrimination claims

If your former employee wins in court, your company could face steep financial penalties. Retaining the services of an experienced discrimination defense attorney as soon as possible increases the potential for a positive outcome to an age discrimination lawsuit. Don’t risk your company’s reputation and financial stability. Seek experienced advice as soon as you know a former employee intends to sue.

Source: Nov. 30, -0001



FindLaw Network