Help: Age Discrimination; How Best to build a winnable lawsuit with current employer? Advice Please

[In Truth We Trust]

I am currently employed and there is obvious age discrimination going on but I would appreciate any and all advice how to best proceed with documenting and building a winnable case. Thank you in advance!

[ohiosmith]

1. What form does the discrimination take?

[In Truth We Trust]

4. it is in the form of bypassing for promotion or even a raise as I am older by over 25 years than

people have been hired in and given more money or promoted above me even though I meet and exceed expectations.

[ohiosmith]

8. Do you have copies of your performance reviews and/or action plans?

[In Truth We Trust]

9. Yes I do; those that I'm aware of anyway.

[ohiosmith]

10. The positions that you were passed over for, did you make a formal application?

[In Truth We Trust]

14. No; it has been verbal thus far.

[ohiosmith]

16. Did you interview for any of the positions? If so, what reason(s) were you given for not getting

the job?

[Donnachaidh]

2. call your local chapter of the aclu

I'll bet they can help.

[In Truth We Trust]

6. Thanks, I'll try that. Ihave been a member until this past year due to budgt restraints

[Curmudgeoness]

3. First and foremost, don't take your advice from a forum.

Second though, start to keep a diary of everything that happens---when where what how. But you should be talking to a lawyer about what to do. We love to help, but we are probably useless.

[elleng]

5. Not entirely useless, but you are correct; keep records, and discuss w lawyer.

[In Truth We Trust]

7. Thank you. I agree. I felt that perhaps I might benefit fro some sound advice such as yours. Much

appreciated!

[spooky3]

11. Check out the info on age disc. at the US Dept. of Labor website.

[In Truth We Trust]

13. I did check it out; very helpful. Thanks!

[The Velveteen Ocelot]

12. Do you have evidence that younger people were given promotions/raises

and that you were at least as qualified? Normally you have to establish a pattern of discrimination, usually in the form of evidence that younger people were consistently given favorable treatment. In some states you are entitled to see your personnel file; this way you can find out if there is anything unfavorable there that you don't know about. It would also contain any positive reviews you have received. These are tough cases because most employers (the larger ones, anyhow) know exactly how to discriminate against people without leaving fingerprints. You need to talk to a lawyer.

[In Truth We Trust]

15. I do have such evidence. Thank you for your good advice!

[Nay]

17. Hopefully you have not yet said one word to your employer about your

suspicions. Don't. Go to a lawyer -- not just any lawyer, but one who specializes in discrimination cases. He/she can give you reams of info on what to track, how to document your experience, and give you an idea when you have enough info to initiate a lawsuit, if that's what you want to do.

Also, don't forget to note the names of any witnesses to conversations, etc. -- you'll be subpoenaing people (probably) if you go to court.

[rucky]

18. You answered your own question.

Document Everything.