California Employment Attorneys
Wilshire Law Firm’s employment lawyers are here to fight for employee rights and equality in the workplace. You don’t have to struggle with the complexities of the law, by yourself, just because in California employment is “at will.” You still have the right to a comfortable and safe work environment; the right to be treated fairly. If that’s not the case, our employment lawyers are here to help you!
- Do you think that you’ve been wrongfully terminated at work?
- Do you need legal assistance and representation in regards to an employment case?
- Do you need to file a complaint against your former employer?
- Do you need to establish if your employment case is worth pursuing?
Choose our California Employment Law Attorneys
Wilshire Law Firm’s employment attorneys provide the highest standard of service and care. We listen carefully to your circumstances. We work hard for you, and we put every bit of knowledge and expertise into action to obtain the best possible result for you and your family.
When you You’ll get a 30-day no fee guarantee, which allows you to evaluate our services; and if, for whatever reason, you’re not fully satisfied with all the work we’ll do for you, you are free to hire another attorney, and take your file without having to worry about penalties or legal fees. We’re so confident in the service we provide, that we’re fully committed to taking the risk of letting you try our firm, for the initial 30 days, after you sign the retainer. We will do everything in our power to deliver the best results.
Moreover, you never have to worry about having to pay us, while our employment attorneys are working on resolving your employment case. With Wilshire Law Firm, you don’t pay unless you win! You never have to think about legal fees and costs, until the case is resolved, in your favor. Again, no win, no fee! You have enough stress as it is, going through a difficult time, we’re here to make your life easier.
What Evidence Do You Need to Fight Age Discrimination in California?
Age discrimination impacts older workers, every day. Biases against those who are older than 40 are especially strong in the workforce. According to a study done by the University of California at Irvine and Tulane University, age bias can begin as early as your application. Researchers sent out 40,000 fake resumes that were identical, except for the person’s age and gender. Call back rates were lower for older workers than for younger ones. This and other discriminatory practices are illegal, under California’s Fair Employment and Housing Act (FEHA)1.
Unfortunately, proving age discrimination can be notoriously difficult. Employers almost never leave behind physical evidence of age discrimination. Although discrimination may not be explicit, an experienced employment lawyer could build you a strong case. With the right circumstantial evidence and documents, you can hold companies liable for their actions and receive compensation for their wrong-doing.
Finding physical evidence to support an age discrimination case is almost impossible. But that doesn’t mean you shouldn’t be on the lookout for it. Some employers have been caught discriminating through the following:
- Verbal comment
- Journal documenting discrimination
AARP gives us a real-life example of a woman, who was verbally discriminated against because of her age. Cheryl Fillekes, a systems engineer, applied to four different jobs at Google between 2007 and 2014. At one point, a Google recruiter asked her to put her graduation date on her resume so interviewers could see how old she was. By asking her to put down her graduation date when it is irrelevant to the job is blatant discrimination. So far, 269 plaintiffs have signed onto the case.
If you can’t find physical evidence, don’t give up on your case! Circumstantial evidence can help you.
In lieu of direct evidence, you can use circumstantial evidence. The Merriam Webster Dictionary defines circumstantial evidence as “evidence that tends to prove a fact by proving other events or circumstances which afford a basis for a reasonable inference of the occurrence of the fact at issue.” Though not as strong as direct evidence, with enough circumstantial evidence, you can prove workplace discrimination.
You can collect the first and easiest piece of circumstantial evidence by answering “yes” to the following questions from the “McDonnell-Douglas Test.”
- Are you a member of a protected class? In this case, are you over the age of 40?
- Were you qualified for your position?
- Did your employer take adverse actions against you?
- Were you replaced by a younger person?
This test is, mostly, used to assess whether or not you have been the victim of age discrimination. This alone cannot win you a discrimination case. You need further evidence to prove that you were not only subject to discriminatory actions, but suffered negative consequences because of it. Bring the following to an employment lawyer as soon as possible2:
- Personnel file
- An employer may have given you disciplinary warnings or poor performance evaluations because of your age.
- Employee handbook/company policies
- A lawyer can use this to find company policies that are inherently ageist.
- They can also use these policies as a way to strengthen your case.
- Pay records
- If you’ve lost wages because of discrimination, you could be compensated. Bring pay records showing how much you were making both before and after discrimination began.
- Mental health/medical records
- If discriminatory actions caused you to seek mental and medical help, bring your records and bills with you. You could be compensated for it!
- Witness information
- Circumstantial evidence is stronger when eye-witnesses can back up your claim. Bring your lawyer their contact information.
- As you have probably noticed, “journal” is on here twice. This is because it can be used as both direct and circumstantial evidence. Document all instances of discrimination in a journal. Make sure to include date, time, location, as well as a description of discriminatory actions taken against you.
Even age discrimination that’s not blatant, like uttering stereotypical comments about how old people can’t use technology, can have harmful impacts on older workers. It can make working more difficult, cause stress induced complications, and affect future careers. The only way to stop companies from implementing discriminatory practices is to call them out. Employers believe that you won’t fight back. Prove them wrong! The employment lawyers at Wilshire Law Firm will fight aggressively for you. Call us now at 1-866-344-0588.
- California’s Fair Employment and Housing Act (FEHA) protects workers over the age of 40 from discrimination in both the workplace and during hiring practices. Companies with more than five employees must abide by this law.
“How To Prove Discrimination in the Workplace: Documentation,” FindLaw, https://employment.findlaw.com/legal-help-and-resources/documents-to-show-your-attorney-discrimination-harassment.html
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Call our Employment Law Attorneys in California Now
No matter how much you think your former employer deserves a piece of your mind, we don’t recommend acting on negative instincts against them. Call our experienced employment attorneys, instead. Tell us everything you think we need to know, and we’ll do our very best to bring your employer to justice, with the facts and law on your side.
Wilshire Law Firm offers the best employment law representation you can find in California. After you call us on 1-800-522-7274, take some time to review your employment contract; write down all the details pertaining to your complaint against your former employer; find out the reasons for your dismissal; request to view your personal file, and confirm your termination in writing.
We’re available 24/7.
Our consultations are absolutely free!
Call us now! 1-800-522-7274
great experience overallI was referred to Wilshire Law Firm after suffering from several injuries when I was rear-ended at a yellow light. To be short: Great results and a great experience overall.
Wilshire Law helped meWilshire Law helped me get a settlement for my accident when no one else could, thank you Bobby and every one at the firm.
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