Age Discrimination

People say there is no substitute for experience. But in today’s workplace, the experience that comes in the form of an older worker is targeted for termination and then denied access to similar employment opportunities.

There are several laws in place that protect older workers from being discriminated against, including the federal Age Discrimination in Employment Act (ADEA) that prohibits employers from discriminating against potential applicants who are 40 or older. The ADEA applies to all employers who have 20 or more employees, including all levels of government, employment agencies and labor unions. The Florida Civil Rights Act (FCRA) is the state law that protects employees from age discrimination.

Another federal law protecting older workers from discrimination is the Older Workers’ Benefit Protection Act. This makes it illegal to discriminate against an employee based on their age in the areas of benefits and retirement.

The Law Offices of Randy Fleischer has seen numerous instances where older employees and applicants are the victim of age discrimination. He knows from experience that employers may try to hide this as the reason for going in another direction, or terminating an employee. Mr. Fleischer also knows that proving cases such as this can be difficult because many times, direct evidence is not readily available. But through extensive experience in dealing with cases such as this, if age discrimination exists, Mr. Fleischer will work to prove that on behalf of his clients.

In some instances, employees may waive their rights under ADEA in consideration of a severance or buyout package. Mr. Fleischer can work with employees in these situations as well, negotiating a more lucrative severance, ensuring that the offer under consideration is drafted properly, specifically refers to ADEA rights and that the employee is given ample time to review the agreement (usually a minimum of 21 days), and ample time to revoke it.

The Law Offices of Randy A. Fleischer, P.A. proudly serves Miami, Ft. Lauderdale, Davie, Sunrise, Plantation, Weston and surrounding Florida communities. For an initial consultation contact us at 954-472-8401.