Age Discrimination

Have you been fired after many years of faithful service and your retirement benefits were close to vesting? Do you feel you are not receiving the same training as co-workers only because of your age? Have you been approached by your employer asking you to retire to let younger employees take your position? If so, you might have been discriminated against because of your age. As such, you need attorneys with the passion and expertise to represent you in righting this wrong.

Houston employment lawyers Kalandra N. Wheeler and Robert J. Wiley represent Houston workers who have been discriminated against because of their age. They have the experience to make sure that every avenue is pursued and leave no stone unturned. In short, when you have been discriminated against because of your age you need an attorney that understands your situation and that will fight for you.

Under both the Age Discrimination in Employment Act (ADEA) and the Texas Labor Code discriminating against an employee because of their age is illegal. An employer cannot fire, demote, or affect an employee’s benefits because of their age.

Many times it may be difficult to determine if you have been discriminated against because of your age. Under the law you may be protected if you are: (1) over the age of 40; (2) work for an employer that has 20 or more employees; (3) suffer an adverse employment action; and (4) that adverse employment action was a result of the your age. Examples of what can be considered an adverse employment are:

• Being denied training;
• Being denied benefits;
• Not being hired;
• Being turned down for a promotion; and
• Being fired.

It may be difficult to determine of you have been discriminated against because of your age. Common examples of evidence that may indicate that you have been discriminated against because of your age are:

• Remarks that are meant to point out your age such as “we need young blood,” “you have too much experience,” and “we need to reinvigorate this department”;
• Consistently being asked to retire;
• Being asked your age during an interview or job application;
• Being informed that a job promotion or job opening has an age limit;
• You were replaced by someone considerably younger than yourself; and
• You were laid off during a company-wide layoff that disproportionately affected older workers.

Furthermore, older workers are protected during mass layoffs under the Older Workers Benefit Protection Act (“OWBPA”). This law unequivocally states that any worker that is over the age of 40 must have 45 days to consider any severance package that is offered. Also, they must have seven (7) days after the signing of the severance package to revoke their consent. Finally, employers must give the age and position of every other worker that is being laid off. So it is important to be ever vigilant to make sure that your employer is following the law.

You have worked too hard to be illegally discriminated against just because of your age. Too often are there erroneous stereotypes that just because someone is over a certain age they can no longer keep up or perform at a certain level.

The only way to defend not only your rights as a hard working employee but those of others is to step forward. We can only do our job if workers fight unfair employment practices. It can be difficult to take a stand, and that is why you need a team of professionals that will be with you every step of the way.

Take Action

If you feel you have been discriminated against merely because of your age, do not hesitate to contact our law firm. There are many deadlines that require a quick turnaround. Depending on your case you have anywhere from 180 days to 300 days to report a violation of the Texas Labor Code or the ADEA to the EEOC or TWC. If you choose to contact us, you will meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.

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