North Carolina Age Discrimination Lawyer

With age comes wisdom and experience, which are valuable in employment settings nationwide. Unfortunately, older age can also subject some employees to harassment and unfair treatment in the workplace. However, the Federal Age Discrimination in Employment Act (ADEA) protects employees 40 or older from job discrimination. If you have been subjected to offensive or unequal treatment because you are 40 or older, a North Carolina age discrimination lawyer from EMP Law can help you. We are well-known and successful veterans in employment law who are ready to fight for your rights. 

We can be reached by phone or online to schedule a consultation.

What Is Age Discrimination?

Under the law, employers cannot take the following actions against an employee or prospective employee just because they are 40 or older: 

• Refuse to hire, 
• Reduce pay or benefits, 
• Harass,
• Refuse to promote, 
• Force retirement, 
• Assign to undesirable tasks or work locations,
• Eliminate benefits, or
• Set different terms of employment.

This discrimination can be obvious or subtle. For instance, you could have a claim against discrimination if your boss constantly makes jokes about you being older. You may have a claim if you notice that your employer penalizes you for a minor policy while it neglects to punish younger repeat or flagrant offenders.

Whether you can take legal action against age discrimination involving unequal treatment depends on many factors. You must be 40 or older to take legal action, and the ages of others involved might be essential to your claim. Age discrimination is not unlawful if an employer favors an employee in their 40s or older over an employee under 40. Also, favoring an older employee over a younger employee when both are at least 40 is legal. But if you receive treatment differently from another employee who is also at least 40 but younger than you, your employer could be liable for unlawful age discrimination. 

Determining whether you have been a victim of age discrimination can be tricky. An NC age discrimination attorney from EMP Law knows what to look for and how to win the legal relief you deserve. 

Watch for ADEA Waivers in Severance Contracts

If your employer has offered you a severance, you should pay attention to the reasons for the early end of your employment and the language in your severance agreement. Many employers require employees to waive their right to make an ADEA claim before receiving their severance pay. These waivers can be valid, but only if the following apply to the agreement:

• The waiver is written in language that an average, eligible individual can understand;
• The waiver specifically refers to the employee’s rights under the ADEA, including identifying the ADEA by name;
• The waiver does not apply to rights and claims that might arise after the waiver is signed;
• The waiver includes a written advisement for the employee to consult an attorney;
• The waiver gives the employee 21 days to think about the offer; 
• The waiver allows the employee to revoke their agreement within seven days of signing; and
• The waiver offers the employee an adequate benefit for their agreement. 

When you receive a contract from your employer that includes an ADEA waiver (or any waiver), please speak to one of our age discrimination attorneys immediately. We can help ensure your interests are properly protected at any stage in an employment relationship. 

Filing an Age Discrimination Claim

If your employer has at least 20 employees, you can file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC). If you win your case, you can receive the following remedies: 

• Payment for your emotional distress, 
• Compensation for your financial losses,
• Punitive damages that punish an employer that acts egregiously, 
• Job reinstatement or other changes to your status at work, 
• Policy changes in your workplace, and 
• Legal costs. 

You must file your EEOC claim within 180 days if you want to have access to any of the remedies mentioned above. However, federal employees must initiate their claim by contacting an EEO officer within 45 days. 

Proving Age Discrimination 

When you seek legal remedies in an age discrimination complaint, you must prove that you were at least 40 years old at the time of the discrimination and that your age was the motivating factor behind the discrimination. You might also need to prove that one or more of your coworkers involved in the situation are younger than you. Evidence of these factors could include:

• Witness testimony,
• Workplace correspondence, 
• Employer policies, 
• Personnel records of others, 
• Photographs, and 
• Your employment records.

Our age discrimination lawyers in North Carolina know how to use all the legal tools necessary to obtain the best evidence for your case. We can also maximize your recovery through our analysis and presentation of the facts in your case. 

We Are Here for You

EMP Law is a top-level North Carolina age discrimination law firm. Our attorneys have decades of experience, and we are dedicated to helping mistreated employees throughout the State of North Carolina. We can answer your questions and recover what you need. Call us today or contact us online to schedule an appointment.