The Law Office of Rob Wiley, P.C. represents individuals and groups of individuals who believe that they have been discriminated against because of their age. Our Dallas age discrimination lawyers and San Antonio age discrimination lawyers fight these common forms of age discrimination:

• The employer believes that you can't teach an old dog new tricks, older workers are slower, older workers are less innovating, older workers make too many mistakes, etc.
• Older workers have more seniority so they are more experienced. The employer seeks to remove older workers from their roles and replace them with younger, cheaper workers.
• The employer violates a technical rule, such as failing to provide age data to employees during a reduction in force.

If you believe you have been discriminated against because of your age, please submit your case for review.

The Age Discrimination in Employment Act of 1967 (ADEA) and state laws protect individuals aged 40 or older from employment discrimination because of age. Age discrimination is prohibited for most public and private employers. Age discrimination takes many forms, including discrimination in hiring, firing, promotion, layoff, compensation, benefits, job assignments, apprenticeship or training programs, and any other term or condition of employment.

Notify our Dallas age discrimination lawyers and San Antonio age discrimination lawyers if you observe any of the following employment practices:

• Ageist statements, such as being nicknamed “the old man,” statements like “we need fresh blood,” or comments like “our strength is our young, dynamic workforce.”
• A layoff that mostly effects older workers;
• A severance regarding a layoff that fails to list the positions considered for the layoff, the ages of those selected, and the ages of those retained.
• An apprenticeship, training, or other program that contains age limitations.
• A job notice or advertisement with an age limit.
• Being asked your age on a job application or in the hiring process.
• Benefit programs that provide greater benefits to younger workers or exclude older workers.

Layoffs are a particularly tricky issue, because older workers have a number of rights under a law called the Older Worker Benefit Protection Act. This law requires workers over 40 to have 45 days to consider severance agreements and 7 days to revoke their severances after signing if they change their minds. An employer is required to furnish information such as the ages of the people retained and those laid off. An employer who violates the OWBPA may be sued for age discrimination and the employee may keep the settlement funds.

An employer may not retaliate against an individual for opposing age discrimination or for filing an age discrimination EEOC charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

Importantly, an individual suffering age discrimination has a limited time to take action. Federal workers must generally make a complaint with the EEO of their agency within 45 days. Private sector and other government workers generally have between 180 and 300 days to make a complaint to the EEOC and/or their State Fair Employment Practices Agency. Because of these short deadlines, you should contact the Dallas employment lawyers and San Antonio employment lawyers at the Law Office of Rob Wiley, P.C. immediately if you believe you have a claim of age discrimination in employment.