Age discrimination in the workplace is pervasive, and Schaefer Halleen age discrimination lawyers are devoted to challenging this discrimination successfully whenever we are retained by older workers who have been treated unfairly.
The Experience that Comes with Age Should be Valued, Not Penalized
Schaefer Halleen age discrimination lawyers in Minneapolis understand how difficult it often is to either retain employment after age 40, or to find new employment opportunities when you are an older, experienced worker. Long-tenured, experienced employees should be an employer’s most valuable resource, yet instead, often because of the increased costs associated with these employees, they become targets for excessive and unjustified performance scrutiny, and are often subject to termination, without regard to their loyalty and strong contributions over the years. Furthermore, older employees seeking new opportunities are often viewed by prospective employers as either “overqualified” because of past experience and salary expectations, or too costly because benefits eligibility or potential proximity to retirement.
Our Minneapolis Age Discrimination Lawyers Know: Unfairness Toward Older Workers is Often Age Discrimination
The circumstances described above are often a “proxy” for age discrimination. Furthermore, there is sometimes “direct” evidence of age bias, either through comments about the need to hire younger employees (i.e., “we need to attract millennial employees”), the disadvantage of older worker (i.e., “can’t teach an old dog new tricks”) or excessive questions about when an older, experienced employee may be considering retirement.
When an older employee is subject to discipline or adverse action in the workplace, up to and often culminating in termination, or an older worker can’t find a position despite overwhelming qualifications, this is likely the product of age bias. Finding the right Minneapolis workplace discrimination attorney is a critical step in standing up for your rights.
The Client: 400 Bank Employees.
Approach: Larry Schaefer participated in the prosecution of this successful age discrimination collective action on behalf of almost 400 terminated bank employees.
Solution: The case settled for $58.5 million, establishing one of the largest per capita recoveries for any case in this field.
The Client: 300+ Terminated Employees.
Approach: Larry Schaefer participated in the prosecution of this successful age discrimination collective action representing more than 300 terminated employees.
Solution: Obtained a $28.5 million settlement.
The Client: Director-level executive a major multinational insurance corporation selected for termination in alleged RIF.
Problem: Standard RIF package provided less than year of compensation, imposed full non-compete/non-solicitation obligations, and diminished stock option rights.
Approach: Larry Schaefer presented a detailed factual recitation of how RIF selection was age-biased and criteria were subjective and flawed, demonstrate how alleged performance issues were example of “papering file” in an effort to justify termination selection.
Solution: Engaged directly with Assistant General Counsel in charge of employment matters and negotiate severance to over two years pay, accelerated vesting of options and other benefits, termination changed to voluntary resignation, and non-compete waived and non-solicitation limited to one year (from two). After one-year period Client is now competing effectively and retaining most of past clientele base.
Schaefer Halleen Lawyers Have the Experience Necessary to Prove Age Discrimination
The Schaefer Halleen Minneapolis age discrimination lawyers know how to “fit” the evidence in these circumstances into the elements necessary to successfully prosecute an age discrimination claim. Our advocacy for age discrimination clients can often result in either a successfully prosecuted case, or negotiations before litigation begins that provide real transition benefits to our age discrimination clients.
The Minneapolis age discrimination attorneys at Schaefer Halleen also know how to develop the evidence of a pattern of age discrimination throughout an organization, often developing critical and admissible “me-too” evidence in support of establishing age discrimination. This can be often the difference in successfully proving these cases.
We also know how to prove that the reason(s) offered by the employer are actually an excuse covering an age motivated bias (which the law calls “pretext). There are many ways to do this in litigation, and the Schaefer Halleen age discrimination lawyers are proficient in every one of these areas.
FAQs About Minnesota Age Discrimination
Age discrimination in the workplace in Minneapolis is prohibited by local, state, and federal law. Employers are not allowed to discriminate against a qualified employee because of their age. In fact, federal law protects employees throughout the U.S. against age discrimination.
The federal Age Discrimination in Employment Act (ADEA) protects employees over the age of 40 from being discriminated against because of their age. Minnesota state law goes further, protecting employees of all ages from adverse employment actions based upon an employee’s age.
Anyone can be affected by age discrimination in the workplace regardless of their gender, race, or any other protected status. Often workers over the age of 40 are affected by age discrimination; this is why the ADEA protects those employees specifically.
Negotiated settlements for age discrimination claims vary based on the circumstances. If you are interested in learning about holding your employer accountable for age discrimination, you should first contact an employment lawyer who regularly prosecutes age discrimination claims. You can discuss negotiation options with your lawyer, based on the facts of your case.
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