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At Siro Smith Dickson we are focused on Age Discrimination as one of our core practice areas. The lawyers in our firm have a combined nearly 100 years of practice experience representing older executives, managers, and front-line workers who are wrongfully treated in the workplace, including denial of jobs, bonuses, pay increases or promotions, harassment, or termination because of their age.
We believe older workers should be allowed to work and retire with dignity on their own terms and at their own time, but too often we see greedy corporations and upper management forcing out successful older workers, years before they are ready to retire using bogus “reductions in force” or misleading and fraudulent “performance plans,” in order to save money and increase corporate profits. Senior partners Rik Siro and Eric Smith are your go-to resources for evaluating Kansas City age discrimination claims. Rik and Eric both have decades of trial and litigation experience winning age discrimination claims for the firm’s clients. Click here to see a selection of our successful case results for older workers.
It is illegal for an employer to discriminate against you because you belong to a “protected class.” Employers generally cannot discriminate against you because of your age or assumptions about when you could or should retire. You are also protected against harassment based on your age and you cannot be retaliated against for reporting concerns that you are being mistreated at work due to your age. Call our Kansas City Age Discrimination Attorney if you are not sure what to do or have unanswered questions. Siro Smith Dickson PC have nearly 100 years of combined legal experience to be able to help you with a potential lawsuit.
Are you over 40, recently terminated from your job, and believe your firing is related to your age or because of unfair age stereotypes? Have you heard management or co- workers make derogatory comments about your age, or presumed retirement date? Have co-workers joked or made comments about your age or appearance as an older person. Whether it’s age harassment, refusal to hire or promote, lower pay compared with younger peers, a faulty performance plan, wrongful firing or any other mistreatment in the terms and conditions of your job, we are here to help.
Age discrimination broadly involves treating an applicant or employee less favorably because of his or her age. Both federal law and state laws in Missouri and Kansas prohibit age related bias against workers who are 40 years of age or older.
The federal Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can also occur when the victim and the person who inflicted the discrimination are both over 40 and when the person who receives better treatment is also over 40, so long as the favored employee is substantially younger than the older worker. For example, it would not be legal to prefer a 50 year old employee for a promotion based on his or her age, or for retention in a reduction in force, while refusing to promote or forcing out a 58 year old employee.
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The law prohibits discrimination in any aspect of employment, including hiring, firing, pay including salary and bonuses, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
It is unlawful to harass a person because of his or her age.
Harassment can include, for example, offensive or derogatory remarks about a person’s age. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).
At Siro Smith Dickson, we believe strongly that every employee is entitled to fairness and dignity in their work, throughout their working lives. It is not illegal and simply unacceptable to cast aside older workers after years of work and service to an employer. Firing older workers as they enter their peak earning years and before they are ready to retire on their own terms has dramatic, life altering consequences. If you believe you or a loved one may have an age discrimination case you should contact our attorneys right away. Age discrimination claims have many short time deadlines so you must act quickly to preserve your case. Talk to one of our age discrimination attorneys in Kansas City about your employment situation.