With a recession nearing, many employers might plan on letting workers go. While they often can legally reduce their workforces to save money, they can’t engage in age discrimination when doing so.
Regardless, some employers do account for age when deciding which employees need to go during a recession. If your employer has done so, you may have a valid age discrimination claim.
What Does It Mean When Someone Is A Victim of Recessionary Discrimination When They’re Laid Off?
A recession can put any company in dire financial straits. In these circumstances, it’s often necessary for employers to institute layoffs.
This is perfectly legal. What isn’t legal is for an employer to use a recession as an excuse to fire an employee for discriminatory reasons.
For example, the law prohibits employers from discriminating against employees based on age. Someone may be the victim of recessionary discrimination if, during a reduction in workforce, an employer dishonestly cites a recession as the reason for firing older employees. They’ve broken the law if their true motivation for firing said employees is to get rid of older workers.
How To Tell If I’ve Been Fired As A Result of Age & Recessionary Discrimination.
You can’t expect an employer to openly admit they’ve fired you because of your age. To avoid a claim or lawsuit, they’ll likely try to convince you that you’ve lost your job because of a recession.
Even if a recession has prompted layoffs, being fired because of age is still illegal. Signs your employer discriminates against older workers include:
- Using language in job postings that suggests older candidates need not apply
- Having a history of pushing older workers into early retirement
- Passing over older workers for promotions, raises, etc.
- Historically accounting for age when making hiring decisions
- Exclusively laying off workers over a certain age
What Should I Do If I Was Fired As A Result of Age & Recessionary Discrimination?
If you’ve been the victim of recessionary discrimination or age discrimination in the workplace, you may be eligible to receive financial compensation. You might also even be able to get your job back.
Your chances of seeing that justice is served may be greater if you take certain steps to build a strong case. If you believe you’ve been fired because of age, you should:
- Gather evidence of age-based discrimination in the workplace
- Consider if any former coworkers may be able to back up your story
- File a formal complaint with your employer
- File a complaint with the U.S. Equal Employment Opportunity Commission (EEOC)
- Contact an age discrimination attorney
Get Help With Your Discrimination Claim
According to the U.S. Bureau of Labor Statistics, age discrimination has been a problem in the country for decades. Although progress has been made, the issue has by no means been eliminated.
An employer who wishes to fire older workers could see a recession as an opportunity for them to do so. If you believe you’ve been a victim of this form of recessionary discrimination, meet with an attorney to discuss how you can proceed.
A free case review will help you better understand whether you have grounds to file a claim or lawsuit. If you do take legal action, an attorney’s assistance can also play a significant role in your case’s outcome.
