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3 Tips To Win An Age Discrimination Case Against A Former Employer

Law Blog

Did you recently lose your job? If so, this is probably a difficult time. It may be even more challenging if you feel you were unfairly let go because of your age. Unfortunately, some employers prefer younger workers to older ones. However, if an employer takes unfair action against a worker over the age of 40, they could be vulnerable to an age discrimination lawsuit. Older workers are a protected class. It is difficult to win an age discrimination suit, but it is possible. Below are three tips to help you prove your case and win a lawsuit against your employer.

Show That Age Was an Issue and Demonstrate Unfair Treatment

Age discrimination cases are generally more difficult to win than other types of discrimination cases, but they're not impossible. First, you need to show that your age was an issue in the office. This is often demonstrated when managers and other employees made comments or jokes about your age. While the jokes may seem harmless at the time, they're important in showing that your age was a topic that was discussed. You'll also need to demonstrate patterns of unfair treatment due to your age. For example, maybe your company sent younger peers to training but did not offer you the same opportunity.

Show That You Did the Job

In an age discrimination case, it's critical to show that the company had no justifiable reason to let you go. Your former employer will likely say they had cause. You need to show that they did not. Any documentation, like performance reviews or positive feedback from supervisors, is important. Any metrics, like sales figures, that can support your case are critical. Even if you are no longer employed at the company, your employment attorney can obtain these documents with a subpoena. Make a list of any supporting documents, communications, or witnesses that may be available.

Show That You Followed the Process

If you're filing a discrimination lawsuit, the lawsuit shouldn't be your first step. The court will want to see that you followed the process for alleging discrimination at your company. Did you reach out to human resources? What about your local Equal Employment office? If not, your case may be dismissed so you can take these steps first. Your case will be even stronger if you went to HR about comments and unfair actions during your employment, but they did not take action. That will show a pattern of mistreatment that will bolster your claims.

Ready to win your case? Contact an employment attorney in your area today to start the process.


28 July 2023