Fort Lauderdale Age and Employment Discrimination Lawyers
In Florida, age discrimination is a significant factor in many unlawful termination and layoff cases. Though an employer may cite financial reasons for company layoffs, often the employees let go are considered "older workers." If you believe the reason behind your job loss is due to a form of employment discrimination, it is important to promptly speak with a knowledgeable labor and employment law attorney.
At the law office of Donna M. Ballman, P.A. in Fort Lauderdale, we represent workers throughout South Florida who have been unlawfully terminated or experience age-related harassment. Contact us to speak with a member of our legal team about your specific situation.
Protected by Federal and State Legislation
Employees in the United States and in Florida are protected from age discrimination by state and federal legislation. The federal Age Discrimination in Employment Act (ADEA) protects employees who are at least 40 years old and work for an employer with at least 20 employees. The ADEA makes it unlawful for an employer to make job-related decisions based solely upon age. Florida law goes further, applying to employers of at least 15 employees and protecting both older and younger workers from age-related employment discrimination, layoff or wrongful termination. If you were selected for layoff, but younger employees with less experience were kept on, you may be a victim of age discrimination.
As with any law, there are exceptions. For example, if a worker is unable to safely perform a job due to age, there may be a bona fide occupational qualification (BFOQ) allowing the employer to replace the older worker with a younger person. Additionally, if a worker does not have the specialized education or training to effectively perform the duties of the job, an employer may hire someone else who does have that training because the issue is considered a reasonable factor other than age (RFOA).
Severance Packages and Waivers
If you believe you have been wrongfully laid off or illegally terminated due to age discrimination, speak with an attorney before signing anything. An employer may request you sign a release of all claims, including age discrimination, prior to being given severance pay. This may bar you right to any further legal action, especially if the employer is acting unlawfully.
Contact Donna M. Ballman, P.A. for counsel from a Florida employment law attorney. For more than 20 years, our firm has provided guidance and advocacy for employees whose rights have been violated. We are ready to listen to your concerns, evaluate your situation and explain your legal options.
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