Age discrimination is more in the spotlight than ever before thanks to millions of layoffs caused by the sour economy. The fact is that younger workers are cheaper, and many companies desperate to cut costs in any way possible may be letting their more experienced workers go or are bypassing them when giving promotions. If you suspect you may be a victim of age discrimination, it is essential to hire a good labor attorney as soon as possible. To have a legitimate claim you must be able to prove one, some or all of these five criteria.
1.Age Requirement: In order to claim age discrimination, you must have been 40 or more years old when the offense occurred.
2.You Were Qualified for the Job: You must also prove that you had all the skills required and were meeting your boss’s expectations for the job you were doing prior to your dismissal or that you were well-qualified for a promotion you did not get.
3.You Lost Out to a Younger Employee: You must show that you were replaced by someone younger or that a younger person was given the deserved promotion instead of you.
4.Discrimination is a Possible Factor: You have to be able to prove that age discrimination was the likely factor that led to your losing your job or being bypassed for promotion.
5.Your Employer Was Disingenuous: Even if the reason given for being dismissed or bypassed didn’t involve your age, you must be able to prove that reason given was not legitimate and that age really was the deciding factor.
As you can tell, proving the five criteria above may be difficult, but it’s definitely not impossible. One thing’s for sure: you can’t go it alone. The wisest first step you can ever take is to consult with a labor attorney and he will be the best judge of whether or not you may have a good case.