Massachusetts and Federal law prohibit employers from discriminating against employees and applicants because of their age. {Massachusetts General Laws Chapter 151B and the Age Discrimination In Employment Act (ADEA).
Like many of the clients that we have successfully helped to secure relief and financial compensation, you may be a victim of unlawful age discrimination if you are 40 years old or older, and an employer has taken an adverse employment action against you because of your age.
Examples:
- refusing to hire you
- refusing to promote you
- imposing discipline on you
- assigning undesirable work to you
- giving you unjustified evaluation scores
- paying you lower wages or giving you unequal benefits
- doing things to make it more difficult for you to do your job
- subjecting you to workplace harassment or a hostile environment
- terminating, discharging, or laying you off (wrongful termination)
- discriminating against you in any other term or condition of employment
If you were illegally terminated and replaced because of your age, your replacement does not have to be under age 40 in order for you to have a valid claim - as long as they were substantially younger.
Your employer generally may not require you to retire at a certain age, although there are some exceptions to this rule for certain public employees and for certain high-compensated executives, etc.
As a victim of unlawful age discrimination you may be entitled to various relief, including retroactive reinstatement into your position; promotion; payment for lost wages, benefits & seniority; plus payment for emotional distress damages, medical expenses, medical insurance, attorney's fees/costs and punitive damages.
Waiver of Rights:
Many employees are asked to sign a severance agreement or other document, often called a "General Release" or "Waiver of Rights". If valid, the employee's signature of such an agreement may have the effect of releasing the employer from all legal claims based upon prior events (except those which, by law, cannot be released) and may give up the employee's right to bring legal action or recover damages for any illegal discrimination or other unlawful acts of their employer, which may have occurred previously or as a basis for the termination.
The employment lawyers at Lowrie & Andrew Attorneys at Law are experienced in reviewing these types of agreements and are available to advise you as to your rights, and available courses of action, if you have been asked to sign or have already signed such an agreement.
Our experienced discrimination lawyers are available to help protect your rights and fight back against the unjust actions of your employer. Contact us today to schedule your free initial consultation.