Wrongful Termination Age Discrimination Lawyer: Understanding Your Rights as an Older Worker

Aging should not be a barrier to continued employment. Yet, many older workers face undue pressure to retire before they are ready, sometimes in direct violation of their rights.

With a growing senior population, age discrimination may be on the rise. According to the Equal Employment Opportunity Commission, reported age discrimination cases increased by 9% in 2024 after increasing by 10% in 2023. Age-based discrimination should not be tolerated. If you suspect that your employer is trying to force you out because of your age, you may have legal recourse. Understanding federal, state, and local laws protecting employees can help you spot age discrimination.

If you or a loved one have been the victim of ageism in the workplace, we invite you to call our office to schedule a FREE CONSULTATION with an experienced employment discrimination attorney who can further explain your rights and determine whether you have a viable age discrimination lawsuit.

Understanding Age Discrimination in the Workplace

Age discrimination is a type of employment discrimination that occurs when an employer treats an employee less favorably due to their age. Age discrimination can manifest in various ways, including:

• Unjustified Layoffs: Older workers are disproportionately targeted during workforce reductions while younger employees with less experience are retained.
• Job Advertisements Favoring Younger Workers: Job postings that seek a certain age such as “recent graduates” or “young and energetic” applicants can discourage older workers from applying.
• Lack of Promotion Opportunities: An older employee being passed over for promotions in favor of a younger person with less experience.
• Salary and Benefits Reduction: Employers reducing an older employee’s wages, denying bonuses, or cutting benefits while younger employees receive full compensation.
• Hostile Work Environment and Workplace Harassment: Persistent age-related comments or jokes about an employee’s age, implying that they are too slow, out of touch, or not adaptable to new technology. These comments can create a hostile work environment and affect job performance of employees in older age groups.
• Unfair Performance Reviews: Older employees suddenly receiving negative performance reviews without any prior indication of issues.
• Forcing Retirement or Offering Unwanted Early Retirement Packages: Pressuring older employees to take early retirement, even when they prefer to continue working.
• Reassignment to Less Favorable Roles: Moving older workers to undesirable positions with reduced responsibilities or pay to encourage resignation.

Age discrimination laws at both federal and state levels provide comprehensive legal protections for employees facing age-related discrimination in the workplace. The Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from discrimination in hiring, promotion, compensation, and termination. Employers with at least 20 employees must comply with ADEA regulations, making it illegal to:

• Fire or lay off employees due to age
• Refuse to hire or promote based on age
• Deny benefits or compensation based on age
• Create a hostile work environment through age-related harassment

Despite these protections, older workers still face forced retirement tactics that violate federal and state laws. Consulting an age discrimination lawyer is crucial for ensuring your rights are protected. An experienced attorney can explain the relevant federal and state age discrimination laws, evaluate the strength of your case, and represent you if you decide to take legal action.

Forced Retirement: What Employers Can and Cannot Do

Whether forced retirement is legal depends on the industry and the demands of the position. Positions requiring high levels of physical fitness may be exceptions to the ADEA, but forced retirement based on age alone usually constitutes illegal age discrimination and wrongful termination.

Legal Mandatory Retirement Policies

Federal age discrimination laws, specifically the Age Discrimination in Employment Act (ADEA), protects employees over the age of 40 from discriminatory employment-related decisions. However, there are limited circumstances where mandatory retirement is permitted.

A bona fide occupational qualification (BFOQ) is an exception to anti-discrimination laws that allows employers to consider otherwise protected characteristics, including age, when making employment decisions if those characteristics are absolutely necessary to perform the job effectively and are directly related to the essential functions of the business. Some examples of BFOQ exceptions to the ADEA include:

• Certain public safety positions, such as pilots, military personnel, police officers, and firefighters, where age limitations are allowed due to physical demands.
• High-level executives with substantial policy-making authority, provided they receive a significant retirement package.

In most industries, forcing employees to retire based solely on age is illegal. Employers cannot set an arbitrary age limit for employment or create policies that disproportionately impact older workers.

Subtle Tactics Employers Use to Force Retirement

Even if an employer does not explicitly demand that an older worker retire, they may attempt to push them out through more indirect means, including:

• Offering Early Retirement Packages: Employers may present early retirement incentives that feel more like coercion than a genuine offer.
• Reducing Responsibilities: Stripping an employee of duties can make their role seem obsolete, indirectly forcing them to leave.
• Lowering Performance Reviews Unfairly: Older employees may receive negative evaluations without justification, setting the stage for termination.
• Reassigning to Unfavorable Positions: An employer may move an older employee to a role that is inconvenient or significantly less desirable.
• Creating a Hostile Work Environment: Persistent age-related jokes, exclusion from meetings, or isolation from decision-making processes can pressure an employee to resign.

If you experience any of these tactics, you may be a victim of age discrimination. To preserve your rights, it is crucial to gather evidence and promptly consult an age discrimination attorney for assistance.

New York State Law and Additional Protections

In addition to federal laws, New York State has robust employment discrimination protections broader than the ADEA. The New York State Human Rights Law (NYSHRL) applies to all employers with four or more employees and protects younger workers as well as older ones, providing age discrimination protections for workers 18 and older. Other key provisions include:

• No Mandatory Retirement Age: Most employees in New York cannot be forced to retire based on age, regardless of their profession.
• Protection Against Retaliation: Employers cannot retaliate against an employee for filing a discrimination complaint or opposing discriminatory practices.
• Stronger Remedies: Victims of age discrimination in New York can recover compensatory damages, punitive damages, and attorney’s fees.
• State-Level Enforcement: Employees can file complaints with the New York State Division of Human Rights (NYSDHR) or pursue legal action in state courts. Employees whose claims are dismissed may appeal to the New York State Supreme Court within 60 days.
• Less Strict Filing Deadlines: Previously, the deadline to file an age discrimination claim with the NYSDHR was one year. However, due to a recent update of the law, for acts that occurred on or after 2/15/2024, you may file a complaint within three years of the alleged discrimination.

New York City also provides additional protections under the New York City Human Rights Law (NYCHRL), which has even stricter regulations against workplace discrimination.

Hiring a New York City age discrimination attorney improves your likelihood of a successful outcome. New York City-based attorneys with experience in employment discrimination cases know how to apply federal, state, and local age discrimination laws to build strong evidence of age discrimination, file legal claims promptly, negotiate effectively, and fight for you at trial if needed. At Tuckner, Sipser, Weinstock, & Sipser, our NYC age discrimination lawyers passionately seek justice for our clients – call our office today at 212-766-9100.

The Process of Filing an Age Discrimination Case

Workers who experience illegal discrimination in the workplace typically follow a 2-step process by first filing an administrative complaint and then, if no settlement is reached, filing a federal lawsuit.

1. Filing a Complaint with the EEOC

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal anti-discrimination laws. To initiate a claim:

• File a charge with the EEOC within 180 days of the discriminatory act.
• The EEOC will investigate your claim, which may include requesting documents, interviewing witnesses, and mediating between you and your employer.
• If the EEOC finds evidence of discrimination, they may attempt to settle the case. If no resolution is reached, they will issue a Right to Sue letter.

2. Filing a Lawsuit in Federal Court

Once you receive a Right to Sue letter, you can pursue a lawsuit in federal court. Steps include:

• Working an attorney to draft and file a complaint against your employer.
• Engaging in the discovery process, where both parties exchange evidence and testimony.
• Attending pre-trial motions and hearings.
• Engaging in settlement negotiations.
• Proceeding to trial if a settlement is not reached.

It is crucial to hire an age discrimination attorney to make sure your rights are protected throughout this process. If you prevail, you may be awarded damages, reinstatement, and legal costs. As NYC age discrimination attorneys, we can guide you through the best course of action based on the strength of your case.

What to Do if You Are Being Forced Into Retirement

If you believe your employer is trying to push you out due to age, take the following steps:

1. Document Everything: Keep a detailed record of incidents, including dates, conversations, emails, and performance evaluations.
2. Review Company Policies: Check your employer’s policies on retirement, layoffs, and terminations.
3. Seek Legal Advice: Consult an attorney experienced in age discrimination law to understand your rights and potential age discrimination claims. They can guide you on the importance of filing deadlines and the legal protections available under federal, state, and local laws.
4. File a Complaint: You may file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe your rights have been violated.
5. Do Not Resign Voluntarily: Leaving your job under pressure can make it more challenging to pursue legal action.

Age discrimination victims can seek legal representation to help them recover financially and hold employers accountable.

Legal Remedies for Age Discrimination and Wrongful Termination

Older workers who are wrongfully terminated due to age discrimination may be entitled to seek compensation, including:

• Reinstatement to their previous position
• Backpay for lost wages and benefits
• Compensatory damages for emotional distress
• Punitive damages if the employer’s actions were particularly egregious
• Legal fees associated with filing a claim

Frequently Asked Questions (FAQs) About NYC Age Discrimination

Can my employer force me to retire at a certain age?

In most cases, no. The ADEA prohibits forced retirement based on age, except in specific roles like public safety positions or high-level executive roles with retirement incentives. Consulting an experienced age discrimination lawyer can help you understand your rights and evaluate whether you are entitled to compensation. Forced retirement based on age alone usually constitutes illegal age discrimination.

Is it legal for my employer to offer me an early retirement package?

Yes, but the offer must be voluntary. If your employer pressures or coerces you into accepting, it may constitute age discrimination, and you may have grounds to file an age discrimination lawsuit.

What should I do if my employer is making my work environment intolerable due to my age?

Document any workplace harassment and seek legal advice. You may have grounds for a hostile work environment or constructive dismissal claim. Discrimination in the workplace can take many forms, including age-related harassment.

How do I prove that I was forced to retire due to age discrimination?

Gather evidence, including emails, performance evaluations, and witness statements, that demonstrate unfair treatment based on age. Evidence may include showing that younger workers were treated more favorably.

Can my employer fire me for being too slow or not keeping up with technology?

Your employer can set performance expectations, including minimum productivity requirements and technological competence standards. However, if your employer sets performance expectations that disproportionately affect older employees or fails to provide adequate training, it may be a form of age discrimination. In this case, an employee should obtain evidence demonstrating the disproportionate impact and inadequacy of training to prove age discrimination.

What compensation can I receive if I prove wrongful termination due to age discrimination?

Possible compensation includes back pay, reinstatement, compensatory and punitive damages, and legal fees. Age discrimination lawyers can help calculate potential damages and fight for compensation.

How long do I have to file an age discrimination claim?

Under the ADEA, you must file a complaint with the EEOC within 180 days of the discriminatory act based on his or her age (or 300 days in some states with additional protections).

Under New York law, claims can also be filed with the NYSDHR within three years of the discriminatory act if the act occurred on or after 2/15/2024. An experienced age discrimination lawyer can help determine your deadlines and develop a strategy for seeking compensation in federal or state court.

Contact a Wrongful Termination Age Discrimination Lawyer Today

A New York age discrimination attorney can provide legal assistance tailored to your local needs. If you believe you have been wrongfully forced into retirement or have experienced any other adverse employment action because of your age, consulting with an age discrimination attorney at Tuckner, Sipser, Weinstock, & Sipser can help.

Our team of NYC age discrimination attorneys are dedicated to protecting the rights of workers who have experienced age discrimination in employment. Contact us today for a free consultation and take the first step to seek justice.