Have you been discriminated against based on your age? Here is how a New Jersey age discrimination attorney can help you prove your case and protect your rights.
It is illegal for an employer to discriminate against you based on protected characteristics. New Jersey discrimination law firms have found based on years of representing workers and employees that the most common types of discrimination are based on age, race, gender, disability, sexual orientation, pregnancy and national origin. The majority of cases that come to a firm and that are accepted regarding discrimination fall into these categories. Many requests come from prospective clients who were treated differently in the workplace and believe they are victims of these common areas of discrimination. However, although that may be the case, it can be difficult to prove discrimination when there is a comparator or coworkers who fall into the same protected characteristic as the potential client who were not treated the same way. For example, we will see a reduction in force by an employer where a 68 year old employee was terminated. However, there is a 64-year-old employee in the same division who was retained and did not lose his or her job. In such instances like this that will make it difficult to prove age discrimination.
One of the most common types of discrimination that is seen in the workplace in New Jersey is age discrimination. Often times employers will terminate older workers in order to replace them with a younger worker for a multitude of reasons. Age discrimination is one of the few categories where it has been seen that there is direct evidence of the discrimination. For example, there have been cases in which an employer has asked our employee when they plan on retiring, and make comments regarding their age and abilities. These types of comments are known as direct evidence of age discrimination. In addition to the direct evidence of age discrimination, it is important to also evaluate the circumstantial evidence of age discrimination. Circumstantial evidence of age discrimination consists of a valuation of your coworkers and how they were treated differently than you. An attorney will also evaluate the individual that replaced you. Based on this evaluation, they will be able to determine whether you have a potential claim for age discrimination in New Jersey and whether they are able to assist you with that claim. In order for a New Jersey discrimination lawyer to make this decision, they will review all the documentation that you have and schedule an in-depth meeting to go over your potential claim for age discrimination. In the event that your age discrimination case is successful, typically they will seek to have you compensated for any lost back and future wages in addition to compensation for any emotional distress that you suffered as a result of being discriminated against. Finally, the attorney will also seek punitive damages against your employer for the discrimination.
Please keep in mind that each situation is different and you should consult with a New Jersey age discrimination attorney on your specific facts to determine whether you have a claim for discrimination.