At Garcia & Gurney, A Law Corporation, we recognize that labor law can be complex. We strive to provide our clients with up-to-date, comprehensive information at all times. For your convenience, we have answered these frequently asked questions:
Can I be sued for terminating an older employee?
The short answer is yes. The Equal Employment Opportunity Commission forbids you from discriminating against any employee who is 40 years old or older based on his or her age regarding any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training and fringe benefits.
But let’s dive into this question a bit more. Do you have employees who are age 40 or older? Do they fail to perform their duties? Do they arrive to work late, leave early and not perform up to par?
While your reason for terminating the employee may have nothing to do with his or her age, the employee may claim otherwise. Thus, before terminating an older employee, you may want to contact a skilled labor law attorney who can help you gather evidence to show that age is irrelevant to your decision.
What is a whistleblower?
A whistleblower is an employee who reports unlawful activity in the workplace (e.g., a person who contacts the appropriate authorities after observing unsafe work conditions, discrimination or illegal behavior). Under both federal and state laws, whistleblowers are protected from employer retaliation.
When should I hire a labor law attorney?
All employers eventually encounter issues that require the advice and guidance of a savvy labor law attorney. As such, it is advisable that you have counsel you can trust and contact at any time, regardless of whether you are facing a legal dilemma or not. That said, the moment you suspect that a labor issue may be arising at your Pleasanton business, seek legal help. It is often possible to reduce the liability and cost of certain labor law issues if they are handled early on.
Employers in the Golden State face tough decisions. Garcia & Gurney, A Law Corporation is here to look out for your best interests and provide you with sound advice on how to handle whatever legal dilemma is disrupting your business. Call us at 925-468-0400 or contact us online to discuss your case with a knowledgeable lawyer.