The Employee’s Attorney: Ohio Age Discrimination Lawyers

The Most Important Thing You Can Do Today: Call The Right Attorney

Just like discrimination based on race/color, religion, gender/sex, national origin, age discrimination is unlawful. Many employees in Ohio (including Cincinnati, Cleveland, Columbus, Dayton, Youngstown and Toledo) wrongly believe that workers are not protected from discrimination at work until they reach 50 years old or even 65 years old. But, in reality, workers who are 40 years of age or older are protected, both under the federal Age Discrimination in Employment Act (“ADEA”) and  Ohio age discrimination laws. Although employment discrimination laws work to protect older workers, age discrimination is becoming increasingly common as the number of older Ohio employees in the workforce increases.

Naturally, employers are rare to admit that they discriminate based on age, as most are aware that such conduct is illegal. Instead, bosses, managers, and supervisors commonly offer some pre-textual excuse for why a younger employee received favorable treatment. Nonetheless, you might have a so-called “gut feeling” that you were discriminated against because of your age or being older. Below are some common examples of possible age discrimination. If you find yourself saying or thinking one of the following about your job or employer, you could have an age discrimination claim for damages:

  • I was wrongfully fired because I’m older.
  • I was passed over for promotion that was given to a younger employee with less experience.
  • My boss keeps telling me to go enjoy retirement, or is forcing me to retire.
  • My job makes employment decisions based on age.
  • My job fired older employees first.
  • My boss pays younger employees with less skill and/or less experience more than older employees with more skill and/or more experience.
  • My supervisor gives older employees undeservedly poor reviews and then uses these sham reviews to fire or demote those older employees.
  • My employer will not giving me training that is offered to younger employees.
  • I want to sue for employment discrimination.
  • The company where I work does not hire people who look older because it wants to maintain a younger image, or it places employees who look older in positions that do not have client contact.
  • My boss replaced older workers with younger employees.

The Spitz Law Firm offers legal representation that is highly qualified to handle any age discrimination suit. I you feel that your employer may be discriminating against you or someone that you love based on age, then call the right attorney today a FREE and CONFIDENTIAL initial consultation. Call our Cincinnati attorneys at (513) 818-3688. Call our Cleveland attorneys at (216) 291-4744. Call our Columbus attorneys at (614) 335-4685. Call our Toledo attorneys at (419) 960-5926. Because we know that many clients are not able to afford the costs of litigation up front, we take on more cases on a contingency fee basis than most firms. Contingency fee agreements mean that the client need not pay any fee for legal services unless and until our employment attorneys recover money and/or results on your claim.

Frequently Asked Questions About Age Discrimination

  • Can I Be Fired For Reporting Age Discrimination?
  • What Are My Rights And What Should I Do If My Company Is Offering Buyouts To Older Workers?
  • Is It Age Discrimination For My Employer To Reduce The Benefits Of Older Workers?
  • How Do I Prove Age Discrimination?
  • Do Gender Discrimination Laws Also Cover Employees Under 40?
  • I was fired because I’m older; can I sue? Do I have a claim for age discrimination or wrongful termination?
Age Discrimination Attorney: It is against the law for employers to retaliate against an employee for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. To that end, it is critical to document your complaints of age discrimination in writing to your boss or HR. If you need help doing this, our employment law attorneys are available to help you write a complaint to submit to your employer.

Age Discrimination Attorney: Employees who are over 40 years old face another unique challenge in that companies most often target older individuals when they offer buy-outs. It is imperative that the employees who are presented with these offers make an informed choice, which means that they ought to know what rights they have under the law. When it comes to buy-outs, employers must make detailed disclosures that have to, at minimum, contain the ages and titles of all employees that were eligible for the buy-out and all employees that were finally selected for the offer. If you do not receive this type of information when presented with a buy-out offer, your employer could have violated the law and you could have a claim for damages. As this employment situation may be very confusing or unclear, your best option is to have a free consultation with an age discrimination lawyer.

Age Discrimination Attorney: The Older Workers Benefit Protection Act of 1990 (“OWBPA”) was passed to amend the ADEA to prohibit employers from denying benefits to the protected class of older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Age Discrimination Attorney: Obviously, the simplest way to prove age discrimination is if there is direct evidence of age discrimination. This would happen if your boss or supervisor openly states, “We need to get a younger sales force,” or “I going to give this position to someone that can be here for 30 years.” Alternatively, an employee can prove age discrimination through circumstantial evidence by presenting evidence to meet a set of tests, or what lawyers call a “prima facie case”. These tests include producing evidence that: (1) you are over 40 years old; (2) your job took an adverse employment action against you – fired, demoted, laid off, not hired, etc. (3) you were qualified for the position at issue; and (4) you were replaced by or treated differently than someone substantially younger than you. At that point, the burden would then move to the employer to show a legitimate, non-discriminatory reason for the actions against you. Then, you, as the employee, are given the opportunity to present evidence that the explanation given by your employer is false or a lie, which is called “pretext” in employment law.

Age Discrimination Attorney: No. An employer can show a preference for older employees over those under 40. Additionally, an employer has no legal restrictions for firing employees that are under 40 but are deemed too old be the company. For example, a restaurant can fire a 39 and a half year old bartender with the stated goal of bringing in a younger bar tender in his or her 20s.

Age Discrimination Attorney: Our employment law lawyers have provided as much information as we possibly can on this website, but an evaluation of your particular chances to prevail on a claim for age discrimination cannot be done without a discussion regarding the facts relating to your termination and employment situation. Because our employment law attorneys fight for employees’ rights every day, we offer a free initial consultation for Ohio claims. It is not worth guessing about your possible rights and claims when a call or filling out a submission to the right can get you a free answer.

Why Our Clients Love Us

Most attorneys wouldn’t touch my case or treated me like a second class citizen because I was making minimum wage. I know the important people and the large cases that attorney Spitz has had for clients, but he always treated me like I was his most important client and he got me a lot of money for my case.

- Luther J.

Why Our Clients Love Us

The Spitz Law Firm sued my company and I saw firsthand the quality of work and the result that they obtained, but in a professional and respectful manner. So when my wife had an issue with her employer, I called Brian to represent her. He did not disappoint.

- Richard

Why Our Clients Love Us

I was amazed at how honest attorney Spitz was with me. The free meeting was really free. He took the time and gave me honest options. When they took my case, I did not have to pay him anything upfront like he said he would. Then he got me more than I ever thought possible. I give everyone I know his card. Attorney Spitz is the best.

- Andy

Why Our Clients Love Us

My boss sexually harassed and touched me. I was so hurt and scared. Brian took care of me and gave me my life back by going after him and [my employer].

- Angela G.

Why Our Clients Love Us

These guys are not afraid of anything or anyone.

- Harold W.

Why Our Clients Love Us

Brian explained in a way that I could understand everything that was happening and what would happen. It was like he could see the future and was planning three steps in front of everyone else. It was crazy.

- James Q.

Why Our Clients Love Us

Brian Spitz and the attorneys at The Spitz Law Firm are the most courteous, caring, professional individuals with a WARRIOR’S attitude to fight for the clients and justice.

- Evelyn

Why Our Clients Love Us

The Spitz Law Firm worked meticulously and determinedly regarding my discrimination case against a former employer. I am very satisfied with the conclusion of the case. The attorneys and staff were proficient, considerate and compassionate. I will refer my family and friends to the Spitz Law Firm because I know they will work resolutely to make sure their clients are pleased.

- Monique P.
*Model portrayal of real client

Schedule A Free Consultation Now!

  • The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Schedule A Free Consultation Now!

  • The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.