Mistakes to Avoid in an Age Discrimination Case

You may be considering legal action if you believe you have been discriminated against in the workplace because of your age. After all, you have the right to take legal action against an employer who discriminates against you because of your age. Filing an age discrimination claim against an employer can enable you to hold the employer accountable and recover the compensation you deserve for the damages you’ve suffered due to the unfair treatment, such as lost wages and emotional distress damages. Taking legal action can also help raise awareness and prevent future discrimination.

In an age discrimination case, it is vital that you proceed carefully to ensure your case succeeds. Even a single mistake is enough to adversely affect the outcome of your case. As you consider filing an age discrimination claim, keep in mind the following mistakes that you should avoid making:

Mistake #1: Failing to Gather Evidence

As the person filing the age discrimination claim, the burden of proof falls on you. “Burden of proof” is a party’s responsibility to provide evidence and prove their claims are true. In age discrimination cases, the standard of proof is usually described as “preponderance of the evidence.” This means you have to show that there is more than a 50% chance that age discrimination occurred. Failing to gather evidence of discriminatory behavior can be detrimental to your case. Without sufficient evidence, you cannot meet your burden of proof. Examples of evidence to gather include emails, witness statements, and performance reviews.

Mistake #2: Missing Deadlines

There are specific filing deadlines when filing an age discrimination claim in California. Missing these deadlines can result in you losing an opportunity to pursue your case. You need to ensure that all deadlines are met. For instance, if you are filing a claim with the California Civil Rights Department (CRD), you have three years from the date of the alleged discriminatory incident to file your claim.

Mistake #3: Not Hiring an Attorney

You are not legally required to have an attorney represent you in your age discrimination case. However, it is advisable that you hire a lawyer. An experienced employment attorney can help you understand and protect your legal rights. They can help you understand the legal process and guide you every step of the way. An attorney can help you gather and organize evidence to support your case. Additionally, a skilled employment lawyer can negotiate with the opposing party on your behalf and represent you in court if litigation is necessary.

Mistake #4: Trying to Get Back at the Employer

One of the biggest mistakes you can make when dealing with an age discrimination case is trying to get back at the employer. While it is understandable to get angry and frustrated after being a victim of age discrimination, you should avoid the temptation of getting back at the employer. Getting back at the employer can undermine your credibility and legal case. 

Mistake #5: Discussing Your Case With Others

Finally, you should avoid discussing your case with colleagues or people on social media, as doing so might affect your case’s integrity and potential settlement negotiations.

Contact a California Employment Lawyer

Contact a California employment lawyer near you to get help with an age discrimination case.