Virginia Termination Based on Age Lawyer
Age discrimination is a widespread issue in Virginia. Too often, employers terminate good employees based on their age. It can be difficult to prove termination based on age because employers will attempt to disguise their reasons as legitimate issues. A Virginia termination based on age lawyer has experience in employment law and knows the excuses employers will try to use.
If you suspect that you were impacted by age discrimination, a practiced wrongful termination attorney may be able to help you prove your case. Our lawyers skillfully represent those who have been unfairly terminated from their jobs.
Unlawful Termination Based on Age
Virginia employers can generally terminate their employees for any reason, or for no reason, without facing legal repercussions. This concept is referred to as the doctrine of employment-at-will.
Employment-at-will gives employers broad discretion for termination, however, there are some important limitations. An employer cannot terminate an employee for reasons that violate discrimination laws. One prominent example of discrimination in both federal and state laws is age discrimination.
Federal Laws Protecting Employees
The Age Discrimination in Employment Act (ADEA) is the federal statute that makes termination based on age unlawful. To bring a valid claim under ADEA, the discriminated against employees must generally be over the age of 40. ADEA does not prohibit age discrimination against employees under the age of 40, meaning that discrimination based on youth is not protected. Also, only employers with more than 20 employees will be covered by ADEA.
An employer can violate ADEA with their firing or layoff practices and procedures. For example, if an employer otherwise disproportionately fires older employees, the employer may be liable for age discrimination. Further, laying off employees based on their seniority level may unfairly impact older workers.
If an employee files a claim alleging age discrimination and is fired in response, this is an instance of illegal employer retaliation. It is unlawful for an employer to terminate or otherwise negatively treat an employee who has asserted their legal rights to file an age discrimination claim.
Virginia State Employment Laws
The Virginia Human Rights Act (VHRA) is a state law that contains similar safeguards against age discrimination. The VHRA prohibits employees from terminating employment based on age.
Similar to ADEA, VHRA only applies to employees over the age of 40. According to VHRA, it covers employers with at least six employees but with less than 20. A Virginia termination based on age attorney could help determine which law would apply to a specific claim.
Initiating a Termination Based on Age Claim
Most claims for termination based on age are initiated by filing a claim with the Equal Opportunity Employment Commission (EEOC). However, if the claim falls under the jurisdiction of Virginia state law, it should be filed with the Division of Human Rights (DHR).
These agencies both investigate and enforce discrimination matters including termination based on age. It is generally unnecessary to file claims with both agencies so it is important to determine which law would apply.
A Virginia Termination Based on Age Attorney Could Be an Advocate
Our Virginia termination based on age lawyers are available to answer any questions you have regarding your potential age discrimination claim. Our team can tailor a strategy to help you get the justice you deserve.
Working with an experienced termination based on age attorney in Virginia will give you the resources you need to successfully pursue your claim under federal or state age discrimination laws. Discuss your case with a skilled attorney today.