Charleston, WV Age Discrimination Attorney
We Are Committed to Achieving Fairness in the Workplace in Morgantown, Clarksburg, and Parkersburg
Have you given the best years of your life to a company only to be passed over for a younger worker or let go so the company can save money? You are not alone. Employers throughout the United States who engage in age discrimination are leaving older workers feeling “just like a number.” These employers simply do not care how difficult it is for older workers to reinvent themselves and find work.
According to the U.S. Equal Employment Opportunity Commission, our workforce is more diverse, bigger, and older than it was 50 years ago. Yet, rather than value its older workers, employers who engage in age discrimination disregard the years of service of their older workers. Being fired, demoted, or laid off unfairly can be devastating. The loss of a paycheck is a serious concern. However, on many levels, our job is how we identify ourselves. Consequently, the loss of our identity can be severe and depressing.
Contact Bailess Law Firm today at (304) 841-0037 or contact us online to schedule a consultation with our age discrimination lawyer in Charleston.
Understanding Age Discrimination Compensation in West Virginia
In West Virginia, older workers who experience age discrimination are protected by the West Virginia Human Rights Act (“WVHRA”) and common law. In order to be protected under the WVHRA, your employer must have employed at least 12 or more employees for twenty or more weeks in a year. Under the WVHRA, victims of age discrimination may be entitled to the following damages:
- Lost wages (back pay and front pay)
- Emotional distress
- Humiliation/Embarrassment
- Loss of Dignity
- Job Reinstatement
- Punitive Damages
What Proof Do I Need in an Age Discrimination Case?
Proving age discrimination in the workplace requires a thorough understanding of the legal requirements and a collection of compelling evidence. Here are key elements to consider:
- Documented Evidence: Keeping a record of any discriminatory actions or comments is crucial. This may include emails, memos, or any written communication that demonstrates bias based on age.
- Witness Statements: Statements from coworkers, supervisors, or others who have witnessed discriminatory behavior can significantly strengthen your case. We will help you identify and gather such statements to support your claims.
- Comparative Evidence: Comparing your treatment with that of younger colleagues can be powerful evidence. If you can demonstrate a pattern of preferential treatment based on age, it can bolster your case.
- Performance Records: If you have a strong work history and positive performance evaluations, these can be used to counter any unjust claims against your abilities due to age. We will help you present this evidence effectively.
- Company Policies and Procedures: Analyzing and understanding the company's policies and procedures related to hiring, promotions, and terminations is crucial. If deviations from these policies can be identified, it may indicate discriminatory practices.
- Electronic Communications: In today's digital age, electronic communications like text messages and social media interactions can also serve as evidence. We will help you navigate through electronic evidence to strengthen your case.
What Steps Should I Take After Experiencing Age Discrimination At Work?
If you have been the victim of age discrimination at work, you need to act quickly to preserve your rights and build your case.
Here are the actions you should take:
- Document Everything: Keep thorough records of every instance of discrimination based on age. Make a note of the participants, dates, times, and locations. Any emails, messages, or other correspondence containing proof of prejudice should be saved.
- Report the Incident: Inform the Human Resources (HR) division of your employer about the discriminatory actions. Observe the official complaint process of your organization. Make sure your grievance is documented in writing, and ask to have a copy for your files.
- Seek Witnesses: If there are any witnesses to the discriminatory behaviors, get in touch with them to see if they would be prepared to comment or lend credence to your arguments. Their testimonials can be very helpful.
- Consult a Charleston Age Discrimination Attorney: Get legal counsel from a knowledgeable employment lawyer year you right away. Bailess Law Firm PLLC can assist you evaluate your case's strength, advise on the best course of action, and provide you advice on your legal rights.
- File a Complaint: In accordance with your legal counsel, you might need to submit a formal complaint to the West Virginia Human Rights Commission or the Equal Employment Opportunity Commission (EEOC). These organizations are able to look into your allegations and maybe find a solution.
- Avoid Retaliation: Be aware that it is illegal for your employer to retaliate against you for reporting age discrimination. If you experience retaliation, document these actions as well and inform your attorney immediately.
You can make sure your rights are upheld and establish a compelling case against the discriminatory actions you've encountered by following these procedures. Seeking advice from skilled age discrimination attorneys in Charleston, West Virginia at Bailess Law Firm PLLC can give you the knowledge and assistance you need to pursue legal action and possibly win recompense.
How does an Age Discrimination Attorney Help?
At Bailess Law Firm, our dedicated team is devoted to advocating for the rights of individuals facing age discrimination in the workplace. Here's how our experienced attorneys can assist you:
- Case Evaluation: We will thoroughly review your case, assessing the evidence and determining the strength of your claims. This initial evaluation will guide our strategy to pursue justice on your behalf.
- Legal Guidance: We will deliver you with comprehensive legal advice, explaining your rights and options under age discrimination laws. We will help you make informed decisions at every stage of the legal process.
- Negotiation and Mediation: Before resorting to litigation, we will explore negotiation and mediation options to seek a resolution that is favorable to you.
- Litigation Representation: If a settlement cannot be reached, our attorneys are prepared to take your case to court. We will deliver aggressive and effective representation, presenting your case with the compelling evidence we have gathered.
- Protecting Your Rights: We are dedicated to protecting your rights and ensuring that you are treated fairly throughout the legal process.
Seek Justice for Age Discrimination in Charleston - Contact Bailess Law Firm
At Bailess Law Firm, your team of lawyers have zero tolerance for age discrimination in the workplace. Employers who engage in age discrimination must be held accountable. We recognize the devastation unemployment causes on the family unit.
If you have experienced age discrimination or just would like more information, call our Charleston age discrimination attorney for a free consultation at (304) 841-0037 or complete our contact form. We will listen without judgment.
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“If you are looking for a law firm that will be dedicated to you and your case, then Bailess Law Firm is the best around.”- Wanda W.
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“Joanna Browning is the best paralegal”- Britiany L.
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“Todd is a professional and down to earth.”- Amber S.
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“They're amazing amazing group of people for the downtrodden!”- Shanda D.
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“Todd and his staff have your best interests and your back throughout the entire process.”- Zachery D.
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“Keeps you informed during the process and very concerned, good people to work with!”- Carolyn Q.
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“I highly recommend you turn to the Bailess Law Firm for honest and straight forward help with your legal issues.”- David M.
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“Todd provides all clients with exacting and thoughtful legal services enhanced by his ongoing education and expertise in the field of employment law.”- Beth K.