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Age Discrimination

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.

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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.

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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