Missouri Employment Law Attorneys

Age Discrimination in Missouri

Fight Discrimination in Missouri & Illinois with an Employment Lawyer

Riggan Law Firm represents individuals and groups of people who believe that they have been discriminated against because of their age. Employees who are 40 years of age or older are in a protected age class. Most public and private employers are prohibited from discriminating against age-protected employees.

Examples of Age Discrimination

In the nation's recent down economy, employers have taken dramatic steps to survive. Often, older workers are caught in the crossfire when their employers terminate them because of their age or force them into early retirement.

Older workers typically have more seniority and are paid more than younger workers. Sometimes, employers have the incorrect perception that older workers are slow, unproductive, incapable of adapting to change (such as with technology), and lacking in creativity or fresh ideas. The law prohibits employers from taking adverse employment actions against older workers (age 40 and up) because of their age.

How to Recognize Age Discrimination

Some signs of age discrimination in the workplace may include:

  • Age-related comments and / or bias made by managers and / or co-workers
  • Job postings or opportunities that contain age limitations
  • Employers asking questions about your age on a job application or in a job interview
  • Abrupt and inexplicable termination of an older worker for reasons clearly unrelated to work performance
  • Replacement of a terminated older worker with a significantly younger worker
  • A layoff of a group of employees that disproportionately affects workers 40 and older

Offers of Severance to Workers

If you are 40 or older and your employer offers you a severance package in connection with your separation of employment, then you may be asked to sign a written agreement in which you waive your legal rights and release potentially valuable employment claims. The law imposes special requirements that must be met before such a waiver / release is legally valid.

For example, you must be given a certain amount of time - 21 days if terminated individually; 45 days if terminated in a group - to review and consider the agreement and you must be advised of your right to seek legal counsel. Likewise, employees 40 and older must be given 7 days to revoke such an agreement (i.e. change their minds), even after they have signed it.

In some cases where multiple workers over the age of 40 are terminated as a group, the employer must provide the terminated employees with certain written information about the ages of the employees who were laid off, as well as those who were not.

Contact Riggan Law Firm

Signing a severance agreement in the waning years of your career may be the most important work-related decision you ever make. In the absence of sound legal advice, making the wrong decision could have disastrous effects. If you believe you have been discriminated against because of your age or you need assistance with the position that you find yourself in, do not hesitate to work with Riggan Law Firm as soon as possible.

Contact the firm today to retain the trusted legal counsel of a dedicated Missouri employment law attorney.

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