Age Discrimination Lawyer
Have you been unfairly discriminated against in the workplace, denied promotions or benefits because of your age?
Dan A. Atkerson is an age discrimination lawyer who will fight for your rights, and hold responsible parties accountable for their actions.
We have successfully represented clients just like you in the greater Allen, TX, region. Learn how we can help you through this time...
Know Your Rights Employees Over the Age of 40 Are Protected
A common example of age discrimination occurs when an employer lays off or fires an employee based on their age. Often times companies will attempt to replace older workers with new younger employees who they can pay less for their labor.
There are cases in which a person has faced discrimination and never worked for the company. This occurs when an applicant is judged based on their age and precluded from obtaining employment.
Wages and Benefits
Employees cannot be denied the opportunity to participate in benefit plans or have their benefits reduced because of their age. Employers must provide the same benefits to younger and older employees.
Workers who file age discrimination complaints against their employer or to the U.S. Equal Employment Opportunity Commission (EEOC) may also face employer retaliation or a hostile work environment for reporting discrimination.
You Deserve to Be Treated Fairly
Stand Up for Your Rights Contact Us Today to Speak with an Attorney
If you believe you may have been the victim of wrongful termination or age discrimination, then contact the Law Offices of Dan A. Atkerson. We will be happy to speak with you during a consultation about your circumstances and determine if you have a case. Our goal is to help you protect your employee rights and gain financial recovery for lost wages and associated hardships. You can reach our practice, serving Plano, Frisco, Allen, and nearby areas, online or by calling:
Why Trust Our Firm?
"I retained Dan to assist me with a age termination settlement. I can attest to the fact that he is very responsive, gives solid advice based on his years of experience and is aggressive in quickly settling the matter. I wouldn't hesitate to hire Dan again if I needed his service." Billy D.
The Basics of Age Discrimination Laws That Impact You
The Age Discrimination in Employment Act of 1967
Congress passed many discrimination laws in the 1960s. The Age Discrimination in Employment Act of 1967 (ADEA) applies to employers with 20 or more employees. It includes employment agencies, labor organizations, and federal, state, and local governments. The EEOC noted that ADEA protections apply to five specific areas:
- Apprenticeship Programs
- Job Notices and Advertisements
- Pre-Employment Inquiries
- Waivers of ADEA Rights
We can review the specifics of your case to determine if your particular form of employment falls within the necessary categories.
Older Worker Benefit Protection Act
Another important age discrimination law is the Older Worker Benefit Protection Act (OWBPA). OWBPA provides several benefits to older workers laid off by their employers. The OWBPA makes it illegal:
- For employers to target only older employees when downsizing staff
- To provide different benefits to employees based on their age
It also requires companies to follow certain protocols and timelines when having older employees waive their right to sue in age discrimination claims. In fact, employers that violate the OWBPA may lose this age discrimination lawsuit protection when having older workers sign releases of their rights during terminations, staff-cutting measures, for early retirement, and potentially other departure or severance agreements.
How Long Do I Have to File a Claim?
If you have been the victim of wrongful termination based on your age or other adverse actions, you need to act quickly. Federal claims must be filed within 300 days of the last instance of discrimination. But most state claims, including those in Texas, are limited to the last 180 days. Time limitations are usually not extended for employees who attempt to resolve their grievances through internal company procedures. It is best to contact our law firm to get started on your claim as soon as possible and secure the best chance at a successful resolution.
Investigating Workplace Discrimination & The Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for handling the majority of federal employment discrimination claims. While the state of Texas has its own agency to process discrimination claims, the Texas Workforce Commission - Civil Rights Division (TWC-CRD), the EEOC is the typical starting point for employees to file a grievance. However, even though you are filing a complaint through a government agency does not mean you should act without an attorney.
It can be difficult to navigate a case through the EEOC without the help of a legal professional and there are limitations to the amount in damages and penalties the EEOC can achieve.
The chance of the EEOC taking on your case is slim, even if they determine there is sufficient evidence to investigate your claim. Most people will end up needing an attorney to help them resolve their case by negotiating a settlement or proceeding to civil court.
If you have been the victim of employment discrimination, you are not alone...
Age Discrimination Is A Common Problem In The U.S.
It Is Important to Seek Professional Help
It is important to have an employment lawyer on your side to make sure your claim is taken up by the proper authorities and your best interests are represented. Besides understanding the complexities of employment law, Mr. Atkerson has the resources and know-how to build your case, speak to witnesses, and present the information in court, giving you the best chance of a successful resolution.
Our law firm provides hands-on personal assistance and will walk you through every step of the legal process. Mr. Atkerson is a trusted advocate in your time of need, fighting for the compensation and justice you deserve. Schedule your consultation at our Allen, TX, practice today. We represent clients from Frisco, Plano, and surrounding communities. You can reach us online, or by calling:
"Dan is professional, reliable, and knowledgeable."
I reached out to Dan Atkerson several months ago completely unsure if he would be able to assist me with my case. I will say that he really was determined to see this through an applied his knowledge and the pressure necessary to arrive at a settlement that was suitable for all. Thanks again Dan!View on Google
Mr.Dan Atkerson has been extremely helpful in my case, he has kept up and informed me every step of the way and as the result I was very satisfied for the outcome. I highly recommend him and also have recommended him with other people that was seeking legal counsel. Dan is professional, reliable and knowledgeable.View on Google
Proving Age Discrimination
Direct evidence includes written records of discrimination taken against a protected class of workers. This can include letters, emails, memos, statements made in performance reports, or notes found in the company records.
While direct evidence is undoubtedly the best way to prove your case, it can often be challenging to acquire. Many employers and upper-level supervisors are conscious not to make statements or keep paper records that show discriminatory practices. However, your best chance of obtaining this documentation is with the help of an experienced employment lawyer.
Circumstantial evidence is all of the indirect evidence that supports your discrimination claims. The actions of your employer are sometimes enough to prove a case. For example: Does your employer have a history of wrongful termination of employees that fall within the protected class of the ADEA? Did they treat you differently than a younger employee with the same qualifications and experience? Was your job position filled by a person outside your protected class? We will investigate the company's practices and speak to other employees with corroborating evidence to establish the motives behind their actions against you.
Do I Have a Case?
Unfortunately, it's not always easy to determine whether an employer's actions are the results of age discrimination or legitimate motivations. This is why a consultation with an employment lawyer is particularly useful. We can help you determine if you have a case and get you started with the legal process.
We Are Here To Support You...
" Dan is a professional lawyer who knows his job. He spent a considerable amount of time, and was very supportive for my wrongful termination and discrimination case. I was disappointed with my company's bullying and discrimination, his help was a remedy for me." Arian H.