Employment age discrimination in Minnesota occurs every day. Not only is it unfair – it is against the law.
Every worker, whether young or old should rise up against this cause. As a result of age discrimination, companies and employers are being forced to pay out big bucks for discriminating against older workers.
For example, in the year 2014, a worker in California aged 66 was awarded $26 million dollars for being fired for age discrimination. Of course, this was an extreme circumstance. However, seeking help with an employment age discrimination claim in Minnesota is likely worth inquiring about.
It is the opinion of this law office that this area of the law is getting breached on a daily basis and you workers need to recognize they have rights. If you believe you are being targeted at work because of your age and fired, suspended, demoted, having your pay reduced, or placed on a corrective action plan, contact this law office for help.
How to prove Employment Age Discrimination in Minnesota:
Employment age discrimination in Minnesota occurs by showing four elements. Please note, for a worker to successful prove employment age discrimination in Minnesota, all four elements need to be proven. The four elements to a Minnesota claim for age discrimination in the workplace requires that:
1. The worker was a member of a protected class,
2. The worker was qualified for the position they held,
3. Despite the worker’s qualifications, they were fired, and
4. A younger worker was assigned to do the work of the person fired.
Protected Class for Employment Age Discrimination in Minnesota
A worker or former worker is a member of a protected class for employment age discrimination in Minnesota when they are older than the age of majority. Under rule Age Discrimination Employment Act (“ADEA”), Federal law protects workers who are at least age forty (40).
Similar to the ADEA, Minnesota law 363A.03 also identifies 40 years of age for an age of majority. However, an exception to this rule can be found under Minnesota rule 363A.13. Under this rule, employment discrimination in Minnesota protects workers at an Educational Institution even more than any other type of work place because the age of majority is deemed 25 years of age. An employer who fires a worker for age discrimination in Minnesota violates the Minnesota Human Rights Act (“MHRA”).
What can a worker fired for Employment Age Discrimination be awarded?
Every worker fired for employment age discrimination in Minnesota wants to know if they can get money for being fired. The term used to describe this element of the analysis is called “damages”. As referenced above and despite the award being highly unusual, the worker in California received $26 million dollars in damages after suing his former employer for age discrimination.
A worker seeking damages for an ADEA violation or MHRA violation likely can seek compensatory damages, punitive damages, equitable damages, and attorney fees.
Compensatory damages for employment age discrimination in Minnesota can include back wages, future wages, and sometimes emotional distress. Punitive damages for employment age discrimination in Minnesota is generally double the compensatory damages upon showing a willful violation. Equitable damages for employment age discrimination in Minnesota generally means a worker gets their job back. Of course, the big ticket item for a worker seeking amages for an ADEA violation or MHRA violation are attorney fees as well.
What should you do first if you were fired for Employment Age Discrimination in Minnesota?
If you were fired for age discrimination in Minnesota, the first thing a worker should consider is lawyering-up because you, the worker, are going to make sure this type of discrimination doesn’t happy again!
Given the strict deadlines associated with a claim for employment age discrimination, a worker should assume the clock is ticking and their rights may wash away with the passing of time. Thus, contact this law office for help.
