If you are 40 or older you are protected from discrimination by an employer on the basis of age. In rare cases there might be overt evidence of age discrimination such as a supervisor announcing that an employee is simply too old and should retire, etc. These days it is less likely for a person in management to make such a mistake. Factors to look at in determining whether age is a substantial factor in the negative treatment by the employer include whether the employee was replaced by a younger person and whether there are any other, competing reasons supporting the termination or demotion, such as poor performance.
It is important to understand that in Washington discrimination based upon age need only be a “substantial factor” in the negative treatment and need not be the sole motivating factor.
Every situation is unique and must be evaluated by a qualified attorney. If you feel you may have been a victim of age discrimination you should consult an attorney promptly as statutes of limitation place barring time limits on the employee’s right to sue. Once the applicable statute runs, the employee loses his or her right to sue for the unlawful conduct. Contact us today for an evaluation.