Law Offices of Dan A. Atkerson

Layoffs and Age Discrimination

By Dan Atkerson on February 25, 2019

Man Sitting on a Bench after Being FiredAlthough it against the law, many employers fire workers on the basis of their age. If you were laid off and you suspect it has to do with your age, you should know that your hardship is valid.

Age discrimination attorney Dan A. Atkerson has spent more than three decades protecting the rights of workers who have been wrongfully terminated on account of their age. Here, he discusses layoffs and age discrimination.

Find out if you have a lawsuit by scheduling a case review at our Carrollton, TX practice. You may be entitled to receive compensation for lost wages and other damages.

An Overview of Age Discrimination Law

In 1967, Congress passed the Age Discrimination in Employment Act, or ADEA. This legislation protects workers aged 40 years old and older from discrimination from employers. As a result of this law, most private and public employers are legally prohibited from firing workers on account of their age.

In addition, workers are protected by a 1990 law called the Older Workers Benefit Protection Act, or OWBPA. This legislation makes it illegal for employers to target solely older employees when downsizing. Further, the OWBPA requires employers to follow specific protocols when having older employees waive their right to file an age discrimination claim.

Signs a Layoff Might Be Questionable in Intent

If your company lays off several workers and you are among them, it could just be an unfortunate circumstance. Then again, if you notice that all of the workers around you who lost their jobs are also 40 years old and older, you may have a case.

Employers sometimes try to mask large-scale firings of older employees. Here are a few examples of how they do it:

  • Salary-based Firings: If your employer uses salary and benefits as a justification for a large-scale layoff, it may be cause for concern. Older, more experienced workers generally make higher salaries. Replacing them with younger and cheaper labor may be a form of age discrimination.
  • Replacing Your Job: If your employer eliminates your job and then creates and fills a similar role with a younger and less expensive employee, it may be a form of age discrimination.
  • Firing a Few Younger Workers: In a layoff, an employer is required to reveal the titles and ages of everyone who has been let go. This can demonstrate that the company is complying with age discrimination law. To skirt the issue, employers may fire a handful of younger employees to mask their real intentions.

How an Age Discrimination Attorney Can Help

The ADEA and OWBPA protect your right to fair treatment in the workplace. If you are at or above the age of 40 and your employer fires you, we can review the facts of your case and ensure that your rights are protected. As a result, you could receive compensation to cover lost wages and more.

Contact an Age Discrimination Lawyer

If you were fired on account of your age, contact attorney Dan A. Atkerson. Find out how we can protect your rights in an age discrimination lawsuit. Contact us today at (214) 383-3606.

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