At Malonis Law Firm, we believe that every individual should be treated fairly in the workplace. As an experienced employment lawyer , we take on cases where employees have been discriminated against by their employer as well as issues with unpaid wages, overtime payments and a host of other employment issues. When it comes to age discrimination, we focus on helping individuals who have been treated unfairly by an employer based on age. Federal and Massachusetts law prohibit employers from discriminating against an employee based on age.
State and Federal Laws
When it comes to age discrimination, there are state and federal laws that can be used to prosecute an employer who treats an individual differently based on age. In Massachusetts, the Massachusetts Commission Against Discrimination is an agency that enforces age discrimination laws. The state statute covers employers who have six or more individuals on their payroll.
On a federal level, the agency covering age discrimination is known as the Equal Employment Opportunity Commission. This law applies to employers who have twenty or more individuals on the payroll.
Understanding Age Discrimination Law
According to the law, an individual who is 40 years of age or older cannot be adversely affected by their employer based on age. Such employer actions as refusing to hire, refusing to promote, terminating an individual, discharging or laying off due to age as well as paying lower wages or offering fewer benefits are unacceptable.
At Malonis Law Office, we can help you determine if you have an age discrimination case against your employer. If you were terminated or replaced by your employer due to your age, the replacement individual does not have to be under 40 years of age for you to have a claim. However, it is important to understand that an employer is not necessarily in violation of the law because they terminated you to hire someone else, an individual that is younger.
Know Your Rights
In many cases, an employer will ask an employee to sign a form that removes any liability from the company that they may have in violating age discrimination laws. If you are asked to sign a statement that removes the liability of the employer in this manner, it is best to consult an attorney before signing any documentation.
In any case, such a waiver is not enforceable unless conditions are met that can include the waiver being clear and understood by the employee as well as the employer offering something in return for the signature, such as higher severance benefits.
The waiver also has to specifically mention the Age Discrimination in Employment Act. An employer who asks an employee to sign such a waiver will need to advise the employee that they can consult an attorney, have 21 days to consider the form and seven days after signing to revoke their signature.
Any individual who feels they have been affected by age discrimination, there is a 300-day time frame from the time of the incident where a claim can be filed. If you or someone you love has been affected by age discrimination, we can help. Our experienced employment law attorneys are ready to review your case and help you file a claim for compensation.