The federal Age Discrimination Employment Act (ADEA) states that it is illegal for an employer to refuse to hire you, deny you benefits, lay you off, or fire you due to the fact that you are over 40 years old. If you feel you have been discriminated against because of your age, it is time to hire a lawyer and sue the company. However, there are a few things you need to understand that could mean the company is in compliance with the law so you have no grounds for legal action. Here are a few special rules and waivers included in the ADEA.
Benefits
It is illegal for an employer to deny an employee benefits based on the employee's age. If the company offers certain benefits to the people who work there, they must offer them to everyone. However, the plan offered does not have to be the same. As long as the company is spending the same amount of money on each employee, they are following the law. This can include health and life insurance. You should also note that the company may be required to provide you with different benefits if you do not need some that other workers have. This could include things like a daycare center or education benefits. When a business offers a wide range of fringe benefits, it will often give employees the chance to choose which ones they wish to use. They will tell each employee how much they can have spent on benefits each year and go from there.
Early Retirement
It is not illegal to offer people an early retirement. While they cannot force you to take it, they can offer it in exchange for some benefit. Normally the benefit will be a large severance pay and/or continued health insurance. However, the offer must be in writing, it must explain that you are giving up your right to sue the company for discrimination if you take the offer, there must be a reasonable exchange for giving up your job and rights, and it must advise you to talk with an attorney before accepting the offer.
It is always a good idea to seek out the advice from an attorney who practices in age discrimination law services if you feel you are not being treated fairly because of your age. Sometimes it can be very hard to prove there was any illegal treatment. Be ready to gather as much evidence as possible and to look for an early retirement offer because you stirred up trouble.
