John A. Klassen, PA Minnesota Employment Law Attorney
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Tips for proving age discrimination

It's no secret that America's population is aging. Every year, baby boomers are getting closer and closer to retirement age. As these employees age, some employers may be tempted to get rid of older employee through forced retirement or some other means. However, employment laws protect Minnesota seniors from discrimination based on their age. Under these laws, employers cannot use an employee's age as a factor in that employee's dismissal.

Employees that have suffered a wrongful discharge due to age discrimination have legal rights. These employees may be entitled to compensation. However, these claims may be hard to prove without all the proper evidence. Experts say that there are many things people can do to gather the evidence they need to prove age discrimination had been occurring at their workplace before they are terminated.

One, if employees suspect age discrimination, they should keep accurate written records. These employers should record instances of age discrimination that may have happened to them directly or to a co-worker. People should also gather any physical documents that they have access to that may show the discrimination. This could be records of punishing older workers, or records of perks that younger workers are receiving. People should also write down things that they have been ordered to do, and document that it has been done correctly.

Two, experts urge people to keep this evidence in a safe place. Express stress that people should not leave this evidence in their desk at work, since they may not be able to take it with them if they are fired. Therefore, people should leave evidence in their briefcases or at their homes.

Finally, experts say that older workers that suspect age discrimination should report the discrimination according to company policy. Workers need to give employers notice of the situation and the opportunity to fix the discrimination.

If employers fail to stop the discrimination, then Minnesota workers may be able to bring a suit. However, their opportunity may be time sensitive.

Source: North Haven Patch, "8 Things To Do If You're Being Targeted For Age Discrimination," Jenn McCulloch, Sept. 29, 2013

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