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Age Discrimination Claims Are Likely to Be on a Rise in California

12/23/2014

 
older work age discrimination California
There is little doubt in my mind that as our population becomes older, the incidents of discrimination and harassment based on age and related claims (such as disability discrimination) will be on a rise. San Francisco workforce will not be an exception. I believe that at least three major reasons for age discrimination are: (1) the perception among the young and the bright in the technology world that the peers of their generation know better and are more up to date when it comes to progress and the most current trends in the industry; (2) older workers are likely to work slower, be more prone to taking time off for illnesses and other health related reasons; and (3) the obvious - employers have to pay more to employees with longer resumes. 

The first two reasons mentioned above are nothing other than generalizations that attempt to sweep the entire age subgroup or multiple age groups into the same category of stagnant, slow and unwilling to learn workers. In reality, many experienced workers are both willing to learn as much or more than their younger peers, and they benefit from their past experience in computer science and other fields as well. They might not be aware of every new gadget or every new social media app that comes out, but they have other qualities that well make up for that "gap". Many older workers are far more responsible and attentive to their work because often have more at steaks - they have families and children who they have to provide for. They also know that if they were to lose a job at an older age, finding a new one would be much harder than to someone who was in his 20's or 30's. Thus, their tend to value their work more than a young hot shot who might be bouncing from one company to another, constantly looking for a better deal.  Also, many older workers are quite healthy and they don't take more time off for illness then their younger colleagues. 

Age discrimination lawsuits will continue to be filed by employees who feel betrayed and kicked to the curb by their employers, especially in those cases where the older workers are particularly hurt by discrimination because they had a lengthy career at the same company (10 years or more) and they feel they gave so much of their time and their mind to the company. Many age discrimination cases involve a compelling story of a dedicated employee, whose life has been derailed due to a discriminatory firing at a critical stage, and will result in substantial settlement and verdicts in favor of employees. 


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
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  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
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    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case