In the past several years, weak financial markets have devastated the retirement savings of many Americans. As a result, some employees are working longer than expected, extending their working years into their 60s, 70s, or even 80s. You likely know that age discrimination is illegal but here are some factors that will help in an age discrimination case in New Jersey.
– You are an older employee.
Unlike federal law, the New Jersey age discrimination law does not require a plaintiff be a certain age in order to file a claim. However, given that people have longer life-expectancies, are having children later in life, and generally able to stay healthy enough to work into later and later years, you are more likely to prevail on an age discrimination claim if you are older than 55 or 60.
– You have a positive work history with your employer.
In an age discrimination case, you need to show that your employer took negative action against you due to your age, and not due to other factors. If you have a long history at your employer, with positive reviews, it will help show that the negative action was not due to your performance, but was more likely due to your age.
– Your employer made age related comments.
Employers are typically cautious enough to avoid telling an employee directly that he or she was fired due to age. But employers, managers, and others may make other age related statements that can be used to support an age discrimination claim. For example, an employer may refer to a desire to bring in “new blood,” to become a “younger” company, or to find “fresh faces.”
– You have been replaced by a much younger employee.
If your replacement is decades younger than you, it can bolster the inference that you were fired due to your age. Combined with other factors, such as age related remarks by your employer, a substantially younger replacement can really strengthen your age discrimination claim.
Call NJ Age Discrimination Attorneys for Help
New Jersey age discrimination cases are complex and each case is unique. If you believe you have been a victim of age discrimination, the law firm of John J. Zidziunas & Associates has a team of NJ age discrimination attorneys available to confidentially review your case. For further information, call 973-509-8500, email info@jjzlawfirm.com, or visit http://employmentdiscrimination.com/.
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