Age Discrimination in the Workplace: This is how we recovered $4.2 million for a Bank Executive Client

Our client was over the age of 60 and suspected he was about to be fired. We prepared a demand letter asserting that the bank that employed him had violated and was about to violate the various Federal and state laws that protect older employees over the age of 40 from discrimination in the workplace, including the Age Discrimination in Employment Act (ADEA) and the Florida Civil Rights Act (FCRA).

Through our investigation and discussions with our client, we learned that the bank had produced memos and communications showing that the bank planned to replace aging employees with long careers with younger employees. In our demand letter, we warned the bank that if we were required to file suit, the full extent of the company’s illegal conduct would be learned and publicized throughout the progression of the case. 

Our demand letter outlined the various categories of damage we would seek to recover:

• Loss of income through the age of retirement;

• Emotional and psychological damages; and

• Punitive damages which would allow a jury to award a multiple of the total actual damages our client would suffer.

Our thorough pre-suit investigation and carefully-crafted demand letter led the bank to agree to a pre-suit mediation and over the course of a day, the Bank agreed to pay our client $4.2 million.

Here are some things to look out for if you or a loved one have been discriminated against at work on the basis of age:

• The number of employees the employer has; 

• The age, qualifications, and salary of the person who was hired or promoted over you; 

• Whether being discriminated against has led you to seek help from a mental health professional; 

• Any statements made by the employer indicating that age was a motivating factor in the adverse employment action against you; and 

• When the discriminatory action took place! This is a critical piece of information because there are strict deadlines on when these claims must be brought forward to the appropriate authorities prior to filing a court action. 

If you believe your employer or a prospective employer has discriminated against you on the basis of your age, don’t wait around to see if you can possibly bring a claim. Instead, contact us as soon as the discriminatory event took place so that our attorneys can promptly evaluate your case, put your employer on notice, and get you the compensation you deserve.