As reported throughout US media on October 27, 2023, workers over the age of 40 in California obtained a multi-million dollar settlement of their age discrimination claims in an alleged bogus reduction-in-force matter. This matter rings true to many older workers in New Jersey because NJ employers will sometimes allege that they are implementing a reduction-in-force, when in reality it is a bogus illegal scheme to purge the workforce of older workers and replace them with younger workers. If you are a worker who is being let go, or was let go, in an alleged “reorganization” or a reduction-in-force, and you think your age is a factor in the termination decision, you should contact this office today for a free consultation. I have represented older workers for private and public employers, who were let go while younger workers were retained and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages.
In the recent California class action age discrimination lawsuit, a group of over 350 former workers alleged they were passed over for promotions in favor of younger workers despite their job performance being comparable to their younger counterparts. The employer argued that it had a workforce reduction plan and that it was not age discrimination. However, Plaintiffs argued the statistics revealed it was the over-40-years of age workers who were let go in the alleged reduction-in-force. Claims in the case dated back to 2012, before the employer, an electronics firm, split into 2 entities.
The Plaintiffs in the lawsuit alleged that three years before the split, the company began implementing a plan to replace thousands of older workers with new younger workers. The lawsuit claimed the then CEO had made statements that her goal for the organization was to make the entire company younger. Plaintiffs claimed the alleged workforce reduction plan continued at least until 2020. After a seven-year legal battle, the California employer agreed to pay $18 million dollars to settle this class action age discrimination lawsuit that alleged the employer discriminated against older employees, purged the workforce of older workers specifically to replace them with younger employees.
The age of 40 is frequently, but not always, considered the dividing line in age discrimination employment matters largely because of the restrictions in the federal statute, the Age Discrimination in Employment Act (ADEA) which utilizes the age of 40 as a benchmark. People who are age 40 or older are protected under the ADEA. The ADEA however does not protect workers under the age of 40 who are victims of age discrimination. Not all employers are covered by the ADEA. This statute only applies to all private employers with 20 or more employees, state and local governments, employment agencies, labor organizations and school districts.
The New Jersey Law Against Discrimination (NJLAD) however applies to all private and public employers in New Jersey regardless of their size. New Jersey workers younger than the age 40 also may file age discrimination claims under the NJLAD because New Jersey does not have the age restrictions of the ADEA. Age discrimination can occur when the victim and the person who inflicted the discrimination are both over 40 according to the New Jersey Law Against Discrimination.
NJ workers frequently erroneously believe that they must file an age discrimination claim first administratively before they can file a lawsuit. This is true if a person wants to file his/her age discrimination claim under the Federal statute, but New Jersey victims of age discrimination may file an age discrimination claim more quickly and directly in New Jersey Superior Court under the New Jersey Law Against Discrimination without having to first go through the time- consuming process of filing an administrative claim with an agency.
Don’t Sit on Your Rights
If you are an employee who is experiencing discrimination, don’t sit on your rights. If you think you are being discriminated against because of your age, you should contact this office today for a free consultation. I have represented numerous private and public employees who were discriminated against because of their age, and I was successful in recovering multiple six-figure financial compensation for their emotional pain and suffering, and moneys for lost wages, both for past lost wages and projected future lost wages.
If you resign, you may lose right to prevail in a lawsuit.
In many instances of discrimination and retaliation, if you resign, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of resigning, or think you will be fired, or have been fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.