Can I Sue if My Employer Replaces Me with a Younger Worker?

April 22 , 2021

Since age discrimination violates Illinois state law, very few employers will make it obvious that their decision has to do with the employee’s age. You won’t likely hear words like ‘We want a younger employee in your position’ or ‘You’re too old to stay in the company.’ Yet, if you’re aged 40 or older, and you’ve been replaced with someone under 35, you know you’re faced with age discrimination. This guide explains how to protect yourself in a situation like this, but before that, let’s understand age discrimination:

What Is Age Discrimination?

Under the Age Discrimination in Employment Act (ADEA), it’s not legal for employers to hire, fire, or promote employees or determine their compensation based on their age. When an employer violates this rule with a worker who is 40 years or older, they’re said to be guilty of age discrimination.

This can happen if the boss wants to hire younger employees who expect lesser pay, asserting that the organization needs new blood. You’ll notice that most of the workers that were laid-off during the ‘redundancy’ period will be older, whereas youngsters with less experience were allowed to stay.

If you’re among the victims of age discrimination, more often than not, you’ll have faced remarks like ‘ancient,’ ‘old school,’ or ‘over-the-hill’ coming from your boss. Let’s find out what to do when faced with age discrimination:

What to Do when Faced with Age Discrimination

Age Discrimination cases tend to be more complicated than other discrimination matters, primarily because you need concrete evidence to establish your claim. When preparing for your case, create a record of any hints, remarks, emails, etc., that indicate age discrimination. Be sure to add the names of the person involved as well as a comprehensive explanation of each act.

Also, check the company’s policies about discrimination and grievances. You may find options that might be more feasible to you than suing the employer. If you have no other choice than to file a lawsuit, contact an Illinois age discrimination lawyer to guide and help you through the litigation process.

If you’re located in Schaumburg, IL, get in touch with Michael Smith, one of the most experienced employment attorneys in the region. No matter how complex your case is, he is well-versed in taking on the challenge and protecting you from age discrimination at work.

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