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Tuesday, August 21, 2018

Can I Keep Working If I’m over Age 80 and My New Jersey Boss Wants Me Retired?

With few exceptions, New Jersey employees who are 80 years of age and older are entitled to the same protection from employment age discrimination as are their younger co-workers. Claims brought by employees who are 80 years of age and older are likely to increase because workers who are 80 years and older are comprising an ever-increasing share of New Jersey’s workforce. I have successfully represented octogenarians who were either terminated or being forced out of their job because of their employer’s age bias and was successful in obtaining monetary compensation for them. There are few exceptions, example, certain statutes stipulate mandatory retirement ages for some defined public employees, or in the presence of a bona fide occupational qualification- example, i.e., true safety concerns in some occupations such as for commercial airline pilots airline pilots, or certain union rules, where the law allows employers to use age as grounds for termination. This is true even for employees who are age 80 and older.

Unless it is one of the rare and defined exceptions, if age is the determining factor in the employer's decision-making process as to who to keep and who to terminate, then the employer is possibly violating the New Jersey Law Against Discrimination (NJLAD) and the Federal Age Discrimination in Employment Act (ADEA).  New Jersey victims of age discrimination in employment may file an age discrimination lawsuit directly and more quickly in New Jersey Superior Court under the New Jersey Law Against Discrimination without having to first exhaust the time-consuming filing and process of an administrative ADEA claim with an agency.

The Most Rapidly Growing Segment of the U.S. Generic (65 Years and Older) Senior Population Are Persons Age 85 and Older.

In today's labor market, many employees 80 years and older want to keep working. This trend toward a desire to keep working while in the 80's is unlikely to cease due to age demographics. Consider this: the entire population of the United states grew 45 percent between 1960 and 1994, but the US population of the generic class of seniors, all those age 65 and up,  rose 100 percent during this same period according the Census Bureau. However, the most rapidly growing segment of the generic "senior" age group today is for persons age 85 and older.

As more persons are working past age 65 and past age 80, there has been an increase in age discrimination claims. According to statistics released by another government agency, between 1999 and 2016, there was almost a third increase in the number of filed age discrimination claims throughout the United States. However, for New Jersey persons filing age discrimination claims with them, the number of age discrimination claims almost doubled in the same period.

If You Are Thinking of Simply Resigning

If you are thinking of simply resigning because you are tired of your boss trying to force you out, or if you complained about age bias and then your employer retaliated against you, you should contact an attorney experienced in age discrimination employment law before you do so, to explore your legal options in the safest way for you.

If You Have Been Terminated

If your employer terminated you and you believe your age was a factor, you should contact an attorney experienced in age discrimination employment law. DO NOT SIT ON YOUR RIGHTS! Do not sit on your rights, or you may lose the right to file a claim.

What You Can Do

I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were subjected to age discrimination and retaliation in the workplace and/or were terminated. I am successful in bringing age discrimination lawsuits and recovering money for workers who were subjected to age discrimination.

If you are being subjected to such unlawful workplace age discrimination, contact Hope A. Lang, Attorney at Law today for a free consultation.

New Jersey employment attorney, Hope A. Lang, Attorney at Law serves clients throughout the state, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Southern, Central, Western and Northern NJ to meet with clients.



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