age discrimination lawyer

Employees who are fired from their jobs as a result of age discrimination are likely to suffer significant lost wages even in a booming economy. Notwithstanding record low unemployment figures, unemployment rates for persons 55 and older remain higher than other age groups. In actuality, the statistics may be even higher than reported because many persons give up trying to find a job.

A call to our office about a potential age discrimination lawsuit will result in the following questions being asked:

  • How old are you? (You must be over 40 to be in the protected age group for age)
  • Were negative remarks made about your age i.e. accused of being slow and old, too old for the job, need to retire?
    If so by whom and when?
  • Did you or a supervisor ever indicate you could not do a job task because of age?
  • Were there ever discussions about a certain corporate image requiring young people, people with a lot of energy, or “More energy?”
    If so by whom and when?
  • What is the age of the person who made the decision to fire you?
  • Questions We Ask if the Potential Client Age 40 or Over was Replaced

  • How old was the person who replaced you?
    If not replaced we need to know that
  • What was your salary when you left?
  • What was the replacement’s salary?
  • What facts can you think of to tell us how the replacement was not as qualified as you are?
  • Questions We Ask if Sombody Over 40 was Selected for Layoff

  • Was the company undergoing financial problems?
  • How many people over 40 were laid off?
  • How many people under 40 were laid off?
  • Was it common to get rid of people soon after they reached 40?
    Who and when?
  • Did you receive a layoff list with the ages of the persons laid off?
    If so we need the list

Besides focusing on the above questions, our age discrimination lawyers will look into the ages of the replacements. Case law has established there is legal significance in a replacement who is ten or more years younger even if the replacement is over 40. If you are a smart cookie, we suspect you have just learned what works and what does not work for an age discrimination lawsuit against an employer


Our age discrimination lawyers have represented many restaurant employees who have reported great difficulties in finding new jobs as servers or bartenders due to their age. Likewise, physically demanding jobs such as construction often shun at the prospect of employing persons over 40, and certainly over 60. Allow us to consider the scenario of age discrimination while evaluating the particular job at issue, and particular industry at issue.

Age discrimination is
particularly rampant
in certain industries.

Age discrimination in the workplace may manifest itself in other ways than a job termination. However, our law firm only takes cases for age discrimination that involve an employee being fired or quitting. Failure to promote cases due to age are very difficult to prove. Claims somebody younger receives better assignments may technically violate employment laws on age discrimination, but they are extremely difficult to prove and may not result in significant nor any economic damage. Additionally, courts are very reluctant to consider anything an adverse employment action (what is required to be age discrimination) unless there is a drastic cut in compensation. Titles are not controlling. We are aware one arbitrator who was unsympathetic to an employee whose title, office, and work assignments were changed because his pay was not cut at all.


age employee lawyer

We can help you decide whether you should sue for age discrimination. The decision to sue or not sue will be reviewed by our lead attorney, Karl Gerber, who has represented employees since 1993. He has a very high win rate, and a solid command of California labor law. Few employment lawyers in practice have been around as long as Gerber, handled as many employee cases, or received so many significant results. Notwithstanding, this is not a guarantee nor prediction of the outcome of your particular case.

An experienced age discrimination law firm will do their best to make your legal problem their problem (most of the time) opposed to your constant source of worry. It is true an age discrimination lawsuit will most likely take a year and maybe up to two years. Some cases, however, settle earlier if the employer is interested and does not present untold delaying tactics.

Our law firm is most interested in maximizing your recovery. In order to maximize your recovery we will most likely have to take depositions, ask interrogatories, and demand documents. We need to show the other side your case can be won in order to get a good settlement. However, there are cases that need to be tried or arbitrated because the other side is not realistic. Our firm exists to serve the needs and goals of our employee clients so all decisions will reflect our clients’ wishes.

Call 1-877-525-0700 to speak to an Age Discrimination Lawyer