How to Win Your Age Discrimination Case

Damages For Winning an Age Discrimination Case

Hopefully the day won’t come when you have to seek legal counsel in an age discrimination issue or case, but if so, you’ll want to be aware of the process from start to finish. Depending on how your employer treated you, you may be entitled to compensation, and may even have a case against them. Below is more information about the damages you could receive and how to contact Mark J. Berkowitz in Fort Lauderdale, who is ready to fight for you.

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When You Have a Case

It may be difficult to know for sure if you have a case, but if you at any point were let go or looked over for promotion due to your age, you may be onto something. The Age Discrimination in Employment Act (or ADEA) forbids age discrimination against people who are age 40 or over. This includes any aspect of your employment, including hiring, firing, layoffs, job assignments, promotions, pay, training, benefits, and any other term or condition of your employment.

You may also have a case if you are the victim of unnecessary and highly severe levels of harassment due to your age. Simple insults and comments here and there are not considered harassment, however, but if the remarks are derogatory and offensive, and occur so frequently that you feel you can’t perform your job duties, and creates a hostile or unsafe work environment.

The harassment can come from a coworker or supervisor, or even a client, as long as it’s occurring in the workplace. If you receive a demotion or are fired from not being able to perform your job duties due to this high level of harassment, seeking a law attorney may be the next step for you.

When You Win Your Age Discrimination Case

If you did decide to go through with your case and won, your head may still be processing all of this information. You may wonder what damages or money you will receive. Having multiple conversations with your law attorney will help guide you through the process throughout, but here is an overview dependent on your case.
The actual amount of compensation, or damages, awarded to you after you win a case varies greatly on what you lost as a result of your personal discrimination from your employer. The losses you may receive can be lost pay, attorney’s fees, liquidated damages, and possibly emotional distress damages and punitive damages, which are specific to your state.

If you are awarded lost pay or back pay, this will include any pay from the moment you were laid off due to your age, up until the time of the trial. You may also be able to receive “front pay”, which is any potential pay you could be receiving from the time of the trial into the future. To do so, you will have to verify that due to your employer laying you off, it has created a negative effect on your career and in finding a new job.

Punitive damages relate specifically to your employer, essentially “punishing” them for the treatment you endured. You as the employee will not necessarily receive punitive damages, but may receive liquidated damages, where you prove that the employer’s discrimination was knowing and intentional. Liquidated damages under the ADEA mostly consist of lost back pay.

Under the ADEA, you are not entitled to most emotional distress damages (or also called “pain and suffering” damages). There are quite a few state laws that may award you emotional distress damages, depending on their specific discrimination laws. Winning these damages may require an emotional evaluation done by a medical health expert and have you testify on the stand to your injuries and emotional pain.

Contact Us

If you are still navigating the beginning of your case or simply want some questions answered, the law firm of Mark J. Berkowitz P.A. can help. Here in our Fort Lauderdale firm, we know age discrimination cases are highly stressful and complicated, and have the experienced lawyers ready to fight for you. Call or connect with us today to get the compensation you deserve, and back in your career field.

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