Workers can Sue for Age Discrimination in San Bernardino

According to a November 2016 article in USA Today, more tech workers are finding it hard to find and retain jobs as they grow older. Since 2012, approximately 90 age-related complaints were filed against many of the tech companies in Silicon Valley, according to the California Department of Fair Employment and Housing, or DEFH. The complaints were requests for an immediate right to sue the companies.

Since May 2013, approximately 28 complaints were about Hewlett-Packard. Other tech companies being sued include Apple, Google, Cisco Systems, and Oracle. Some of the complaints also include wrongful termination.

The majority of the complaints are focused on age discrimination. Many legal experts and employees claim that many older tech workers get pushed out during mergers or restructuring.

Age is not often celebrated in the tech industry and many companies are looking for younger workers. In an age discrimination lawsuit filed in August 2016, four former HP employers claimed a recent major restricting of the company unfairly purged older tech workers.

It is not known if the HP lawsuit was settled or went to trial. It is also not know if the complaints filed were resolved.

What is Age Discrimination in San Bernardino?

Age discrimination is the act of treating an employee unfairly based on age. A younger employee cannot file age discrimination because he or she is not in the protected class. Only an employee who is 40 years or older can be discriminated against because of age.

Age discrimination may range from a supervisor calling an employee names in reference to his or her age, like “grandpa,” to termination. It may include being passed over for promotions or not being hired for a job at all.

Proving Age Discrimination in San Bernardino

Proving age discrimination involves showing that the employee suing:

  • Belonged to a protected class. This means that he or she is over 40 years old.
  • Was subjected to an adverse work environment because of age. This adversity may be in the form of a demotion, termination, or suspension.
  • Experienced discrimination that other employees not in the protected class did not experience. This means younger employees at the same company did not experience the same type of discrimination the employee suing did.

Immediately Contact Sanford A. Kassel about Your San Bernardino Age Discrimination Case

No one has the right to discriminate against you because you are over 40 years old. The state and federal law protects you and allows you to receive compensation if you have been discriminated against.

You have one year to file an age discrimination claim with the DFEH, a prerequisite to filing a lawsuit. It is such a limited time period because the claim is based on specific facts. The direct evidence, or facts needed, include discriminatory comments made about your age or statistical evidence.

Contact us immediately to start working on your age discrimination claim. We will evaluate your claim and determine whether it violates any federal and/or California age discrimination laws. We will explain how we will proceed and what compensation you can receive to compensate you for the discrimination you have experienced.

What to do if you are being harassed by your employer, or you work in a hostile environment.

San Bernardino Constructive Termination Lawyers, Assisting Southern California Employees Who Have Been Wrongfully Forced to Quit Their Jobs

Employee being harassed at work

SANFORD A. KASSEL, A Professional Law Corporation: Southern California Employment Attorneys | Constructive Termination Attorneys. 909.884.6451

 

If your work environment is hostile; if your employer or co-workers are harassing you; or, if you have already quit your job due to unbearable working conditions, you may be the victim of “Constructive Termination”.

You may have the grounds for a Wrongful Termination claim.

You should seek the immediate expert advice of the knowledgable and trusted Inland Empire Employment Attorneys at SANFORD A. KASSEL, A Professional Law Corporation, to help protect your legal rights. Call 909.884.6451 today.

 

LEARN MORE ABOUT OUR EMPLOYMENT ATTORNEYS… LEARN MORE ABOUT OUR EMPLOYMENT ATTORNEYS…

 

Learn more about Constructive Dismissal (also referred to as “Constructive Discharge” or “Constructive Termination”).

 

Information to Help You with a Wrongful Termination Claim

Wrongful Termination Image

SANFORD A. KASSEL, A Professional Law Corporation: Southern California Wrongful Termination Lawyers 909.884.6451

Wrongful Termination cases are very complex and often extremely involved. Being unemployed is a very stressful and confusing time.

There are many factors to consider when making a claim for a Wrongful Termination. These types of difficult situations are best handled by the experts.

No two claims are the same, and there are often exceptions to every rule. You will need the expertise of a knowledgeable, and trusted Wrongful Termination Lawyer, to guide you through this complicated process.

An experienced Wrongful Termination Lawyer will take into consideration many issues, before deciding whether or not to file a claim on your behalf.

The legal team at SANFORD A. KASSEL, A Professional Law Corporation has the necessary skill, knowledge, and resources to build a convincing case, and see that you get the maximum compensation and benefits for your claim.

 
 
 
 

The following is a list of questions that may help you prepare for your initial interview with an attorney regarding a possible Wrongful Termination case:

 


 What was the length of time of employment?


 How were you paid for the work you did?


Hourly?


Salary?


Commission on Sales?


Other Form of Compensation?


 Was there a written employment agreement? If so,


Were there definite terms laid out in the agreement?


Do you have a copy of this agreement?


 What was the method of termination?


Resignation? If so, why did you quit?


Fired? If so, by whom?


Laid Off? If so, were you given a reason for the layoff?


 Was a reason given for termination? If so,


By whom?


 Were you given a “written” notice of termination? If so,


By whom?


How many days/weeks/months in advance?


Do you have a copy of the written notice?


 Were you given only a “verbal” notice of the termination? If so,


By whom?


Was it immediate?


How many days/weeks/months in advance?


 Were you given severance pay? If so,


How many days/weeks/months?


 Have you already filed a claim with the Labor Commissioner’s Office?


 

Possible Compensation for Your Claim

If you do have the basis for a Wrongful Termination action against your former employer, the following is a list of possible compensation and benefits that you may be entitled to:

 

Find Out If You Have a Wrongful Termination Claim

If you believe that you have been a victim of Wrongful Termination: (1) be prepared with documentation of the events that transpired; (2) don’t limit yourself by attempting to analyze what happened, on your own; and (3) SEEK THE ADVICE OF A QUALIFIED EMPLOYMENT LAW ATTORNEY IMMEDIATELY.

NOTE: Your case can be lost if it is not filed within the time provided by State and Federal Laws.

Contact the experienced Wrongful Termination Lawyers of SANFORD A. KASSEL, A Professional Law Corporation, today, for a FREE consultation. 909.884.6451  Our attorneys will evaluate all the facts, and provide you with a plan for the best course of action. We get results!