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Mesriani Law Group - A Professional Law Firm
The principal partner of the LA-based Mesriani Law Group, Rodney Mesriani, has expressed encouragement for victims of age discrimination in the light of increasing employment cases involving workers and employees aged 40 and older.
LOS ANGELES, CA, March 03, 2010 /Law and Legal PR News/ -- The principal partner of the LA-based Mesriani Law Group, Rodney Mesriani, has expressed encouragement for victims of age discrimination in the light of increasing employment cases involving workers and employees aged 40 and older. He also underscored the importance of understanding the issue and the rights of victims.
"It is crucial that an individual hire an attorney or a law firm that has a solid reputation and that do not hesitate to litigate", Rodney Mesriani said.
Based on statistics for Fiscal year 2008, Employment Opportunity Commission (EEOC) had received 24,582 charges of age discrimination by Americans" aged 40 years or older. This figure represents an increase of 32.6% with 8,034 additional complaints filed from Fiscal year 2006 to Fiscal year 2008.
The current recession with its increase in unemployment, in conjunction with the fact that a significant portion of the 40 and older age group tends to be married with children, makes this increase in complaints of particular concern due to the high likelihood of homelessness once unemployment benefits run out and its devastating effects on school age children.
An experienced litigator and trial attorney himself, Mesriani noted that discrimination victims should not be discouraged from filing a lawsuit against the employer or company despite the fact that companies "have too much money, have strong lawyers, making it difficult to afford to pay an attorney"
Mesriani stressed that some attorneys, like those of the Mesriani Law Group, take cases on a contingency basis where an individual does not pay at all until the "attorney only gets paid based on a percentage of recovery".
In addition, victims of age discrimination can recover remedies that include back pay, hiring, promotion, reinstatement, or front pay. Under Government Code Section 12965(b) the prevailing party can recover payment of: attorneys' fees, expert witness fees, and court costs, he added.
He also stressed that workers should "document cases in writing as they occur simply by trail documenting all the incidents that happen, keeping a journal, and looking for witnesses".
As advice, he asked individuals or victims to take further precautions by discussing employment issues with an attorney and by carefully read over any papers required to be signed upon starting work.
He further told that it is imperative for individuals age 40 or older to understand the realities, remedies and issues associated with age discrimination and how they can counter or more effectively dealt with.
"There are consequences for violating such laws, and the employers will ultimately pay for such misconduct if the Plaintiff is proactive and persistent", Mesriani remarked.
Unlawful age discrimination generally involves individuals 40 years of age or older who have been harmed by a decision affecting their employment. It is not limited to those applying for a new job. It also includes individuals who lose their jobs due to aging in appearance wherein the employer wants a younger-looking person to do the job.
Ploys to achieve such an end may include individuals receiving negative job evaluations indicating that they were not "flexible" about taking on new projects, or they may be fired because their boss actually wants to hire younger workers who can be paid less or who are more youthful and attractive in appearance.
Other age discrimination victims may find themselves turned down for a promotion that goes to someone younger within the company or who is hired from outside of the company. Moreover, when company layoffs are announced, a 40 plus individual may notice that most of the lay-offs were handed to older individuals while younger workers, with less seniority and less on-the-job experience, were kept on.
Most workers facing age discrimination are unaware of the federal laws that protect them from becoming victims to acts of age discrimination. Thus, it is important to know that the Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age, if the employer regularly employs 20 or more employees. The minimum number of employees needed to bring a claim varies by state.
In California "5 is the minimum number employees needed to file a claim under state law." The ADEA's protections apply to both employees and job applicants. In addition, under state law, an individual must file with the DFEH (California Department of Fair Employment and Housing) or cross file with EEOC within one year of the date he/she believes he/she was discriminated against, which is extended for 90 additional days if individuals did not become aware of the discrimination until after the year passed.
About Mesriani Law Group
Mesriani law Group is a law firm based in Los Angeles, California, which handles personal injury, social security issues, business law, and employment law. For further information, please visit our site at http://www.mesrianilaw.com
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Mesriani Law Group
Mesriani Law Group
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12400 Wilshire Blvd., Suite 810
Los Angeles, California
USA 90025
Voice: 1-866-325-4529
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