Age Discrimination Lawyers in Missouri

Helping Employees Protect Their Rights

As our society ages, the workforce and job applicants get older, too. According to the Missouri Department of Labor, employers cannot discriminate against any employees who are between 40 and 70 years old. Employers cannot use age as a determining factor in a myriad of decisions, including hiring. Unfortunately, many employers ignore these rules to honor unfavorable biases they hold.

Federal and state regulators can investigate any employer who violates anti-discrimination laws. Additionally, employees who have been impacted by age discrimination have the right to seek legal counsel and pursue a civil lawsuit to receive compensation or other remedies. If you have faced age discrimination in the workplace, our team at Riggan Law Firm, LLC, can help you. Call our office today at 314-528-9661 to learn more about our services.

What is Age Discrimination?

Age discrimination is any employee being treated differently because of their age. In some cases, employers view older employees as “slow” or “unable to adapt” because of their ages. Many employers prefer to hire younger workers because they believe it will bring about fresh ideas or new talent to their industry. Similarly, employers will sometimes attempt to force older employees into early retirement or termination in favor of saving money. Older workers are often paid more than younger workers because they have more job experience.

Employers are not allowed to use age as a determining factor in any of the following decisions:

• Hiring
• Firing
• Layoffs
• Training
• Job assignments
•  Salary or wages
•  Benefits

Employees between the ages of 40 and 70 are a protected class under the law. If your employer has treated you differently than other employees in your workplace, you have the right to take civil action against them. Contact our office today for more information.

What Are the Most Common Examples of Age Discrimination?

There are many ways that age discrimination is perpetrated in the workplace. Some employers may attempt to hide their discrimination, while others discriminate in the open. While age discrimination can vary, there are some common scenarios to look out for.

The most common examples of age discrimination include the following:

• Job postings that contain age limitations or requirements
• Comments about age from managers or coworkers
• Termination of an older worker without a clear explanation
• Employers asking about someone’s age on an application or during an interview
• A large group of older workers being laid off
• Replacing a more senior worker with a significantly younger worker

It’s important to note that if multiple workers over the age of 40 are laid off, their employer must provide them with written information about the ages of their fellow employees who were also laid off. Their employer must also provide written documentation of the ages of employees who were not laid off. This rule was created to push back against age discrimination in layoff decisions.

What is a Seven-Day Revocation Period?

Severance packages are agreements offered to employees when their employment contract is terminated early. Typically, these agreements contain certain clauses asking employees to waive specific rights, like the right to a civil lawsuit or the right to solicit customers from the business. In most cases, employees will receive a certain amount of money in exchange for agreeing to these clauses.

All employees have 21 to 45 days to review and sign their severance agreements under the law. Employees can seek legal counsel and even negotiate with assistance from a legal team to adjust the terms of their severance package. Additionally, employees between the ages of 40 and 70 have seven days to revoke their severance agreement after they sign it. This means that if you are an older worker who has signed a severance agreement that you no longer wish to uphold, you can revoke it within one week of signing.

Do Employers Have Rights in Age Discrimination Cases?

While age discrimination is a legitimate issue, employers do have rights to run their companies under the law. Regardless of age, employers can terminate an employee if the employee is unable to perform their duties. For instance, if the job demands 8 hours of standing per day and an employee cannot do so, they can be terminated because of their inability to perform. Similarly, employers can reject an applicant if the applicant specifies they are unable to do the job duties required for the role. Employers have the right to hire and fire employees for any reason, as long as that reason is not based on a protected trait like age, race, religion, or sexuality.

Can an Employment Law Lawyer Help Me?

Age discrimination is a real hindrance in the workplace, and it can cause older employees to feel isolated and frustrated. When employers make decisions based on factors outside of the employee’s control rather than their job performance, both employees and their companies suffer. Age is a protected class under state and federal law, meaning that your employer could be held liable for your lost wages, emotional suffering, and more. Whether you have been wrongfully terminated, been wrongfully rejected, or have faced harassing or distressing remarks at work, you deserve to seek legal action to hold guilty parties accountable.

If you have faced age discrimination at work, our team at Riggan Law Firm, LLC, can help. After reviewing all the facts of your case, we will begin gathering evidence on your behalf to present before a judge. We can then file a lawsuit against your employer to sue for damages and seek compensation. Our team will present the evidence in your favor and use our experience to convince the court that you have been discriminated against. Using our services, you can get the outcome you deserve through legal action. For more information about how we can help you, call our office today at 314-528-9661.