Derek Smith Law Group / Employment Law / Age Discrimination / Age Discrimination Attorneys in New Jersey

Age Discrimination Attorneys in New Jersey

Based on 500+ Select Nationwide Reviews

Free Case Review

The Fee Is Free Unless You Win.
America’s Largest Law Firm
Protecting Families Since 1995
$400 Million Won

TABLE OF CONTENTS

What Is Discrimination Based On Age In New Jersey?
Different Types of Workplace Discrimination Cases We Handle:

Age discrimination in New Jersey is when a person between the ages of 18 and 70 experiences negative treatment or is harassed at work because of his or her age. New Jersey is one of the few states that incorporates people under the age of 40 into their age discrimination law. If you feel that you have been the victim of age discrimination in the workplace in New Jersey, you will want an attorney to help you file your claim and get justice for you. The Derek Smith Law Group has worked for over twenty-five years helping New Jersey employees fight age discrimination injustices in the workplace.

What Is Discrimination Based On Age In New Jersey?

Employer age discrimination in New Jersey is when a person between the ages of 18 and 70 is treated unfairly because of his or her age or harassed because of his or her age. This can come in many forms, whether it be failure to promote, refusal to hire, termination, or even making jokes about your age negatively and offensively. Age discrimination in the workplace is illegal and should never be tolerated.

What Qualifies as Age Discrimination in New Jersey?

Age discrimination in New Jersey can be seen in the form of a hostile work environment or harassment. Here are some examples of age discrimination in the workplace:

Name-calling based on age (Old man, Gramps, Grandma, Little Kid, etc.)
Jokes centered around age
Demotion due to age
Refusal to provide benefits because of age
Skipped over for promotions due to age
Coerced to retire before age 70

Termination based on age
Refused a pay raise even when you are given more work, because of age
Denied opportunities to work on new project or attend trainings based on age
Layoffs that appear age-based
A noticeably younger or older work environment
Refusal to hire or interview for a position because of age

These are just a few examples of how age discrimination can play out in the workplace. The key is that a person is made to feel inferior at the office because of age. Derek Smith Law Group can help you determine if you are the victim of age discrimination in New Jersey and then help you seek the justice you deserve.

What Laws Protect A Person from Age Discrimination in the Workplace in New Jersey?

According to the Federal Age Discrimination in Employment Act (ADEA), people over the age of forty working in a company with 20 or more employees are protected from being discriminated against because of their age. In addition, the Older Workers Benefit Protection Act prevents employers from denying benefits to people over the age of 40.

The New Jersey Law Against Discrimination (LAD) is a bit different from the ADEA. New Jersey sets parameters around age which includes anyone between the ages of 18 and 70. A person between these ages is considered a protected group in the workplace. However, an employer can refuse to hire someone under 18 because of age and refuse to promote or hire a person over the age of 70. The most notable difference between the LAD and the ADEA, aside from setting an age limit of 70, is that any person over 18 is a protected class, as opposed to any person over 40.

How Can You Prove Age Discrimination in New Jersey?

Age discrimination is not easy to prove. However, that does not mean it cannot be proven. Age discrimination can take on three forms in the workplace. First, there is direct discrimination. This is when a person expresses to you, in no uncertain terms, that you are not being hired or you are being fired because of your age. They may blatantly make jokes to you about your age that you openly state you find offensive. You may even stumble across an email accidentally copying you that talks negatively about you because of your age.

Another way age discrimination can occur is through discrimination actions, also known as disparate acts. These are the actions people commit, such as laying you off in favor of hiring a younger employment base or forcing you to retire before age 70 in New Jersey.

Finally, you may find discriminatory policies that will lead to age discrimination. The policies can and should be changed to protect the company and the employees from age discrimination lawsuits.

When looking to prove your age discrimination case in New Jersey, you must gather evidence such as documenting discriminatory actions as they occur, noting disparate acts, and gathering policies that are discriminatory.

What Is The Statute of Limitations on Age Discrimination Claim in New Jersey?

The ADEA and OWBPA are governed by the Equal Employment Opportunity Commission (EEOC). Under the EEOC, a person has 300 days to file a claim for age discrimination in the workplace in New Jersey.

The New Jersey Division of Civil Rights oversees any cases filed claiming a LAD violation. According to the organization, a victim has 180 days to file a claim to begin the investigation.

What Kind of Remedies Can You Expect to Receive for Your Age Discrimination Case in New Jersey?

When you are the victim of age discrimination in the workplace, you want to receive justice. Justice can be monetary, or it can be action-based, or both. Some of the types of remedies you may be awarded by the courts include:

Reinstatement of employment
Back pay
Future pay
Attorney’s fees
Reimbursement of medical expenses related to the claim
Reimbursement for benefits not paid as required by the company
Pain and suffering
Punitive Damages

Punitive damages are the damages awarded to punish the employer for their behavior, intending to deter them from participating in such behavior in the future. These types of damages can be multi-million dollar awards, such as the case in the Lockheed Martin trial in which $51.5 million was awarded to the plaintiff.

What Evidence Do I need to Collect to Help My Case?

An ADEA case may only be as good as the evidence used to prove the claim. Collecting evidence is the most important part of the entire pre-trial experience. Each piece of evidence helps tell the story of employer age discrimination in New Jersey.

If you are the victim of age discrimination, take notes on every occurrence that may help your case. Note the date and time of the occurrence, the people involved, and what occurred. Note who you can trust to testify on your behalf and who to avoid. The more information you have available, the better it is for your case.

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

Get Help for Workplace Discrimination

Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!

Free Consultation (973) 388-8625

Can an Employer Ask My Age or Date of Birth on an Employment Application?

Using age as a reason to hire or not hire a person between the ages of 18 and 70 is illegal in New Jersey. However, that does not mean that an employer cannot ask your age or date of birth on the application or in the hiring process.

Most employers will only ask age if they must ensure you are at least 18 years of age or if the job requires you to be of a certain age range, such as an actor playing a specific part. However, unless these issues play a role in the employment opportunity, most employers will avoid the question until after the hiring decision is made.

Can I sue my Employer for Age Discrimination?

If you are the victim of age discrimination in New Jersey, you can bring a lawsuit against your employer for damages. However, you must be able to prove that age discrimination was the sole reason for the hostile work environment or adverse employment action. If you are between the ages of 18 and 70 in New Jersey and have experienced any type of harassment or felt discriminated against by your employer or workplace because of your age, you may be able to bring a lawsuit against the employer in the New Jersey court system.

What Should You Be Doing Now?

You have taken the first step and began your research into age discrimination. If you are a victim of workplace age discrimination in New Jersey, some of the things you should be doing include:

Continue working. Quitting your job can be harmful to your case
Gather evidence. Start documenting every discrimination incident. Include who is involved, what occurred, the date, and even who witnessed the incident
If your company has an HR department, contact them immediately.
If your company has an age discrimination policy, follow its guidelines. This will help your case.
Contact an age discrimination attorney

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our New Jersey Age Discrimination Attorneys for a Free Consultation

Have you been the victim of age discrimination and need help? The experienced age discrimination attorneys at Derek Smith Law Group are here to help.

We have helped many clients like you receive damages for the age discrimination they experienced in the workplace. Please call us at (973) 388-8625 for your free consultation.

We do not receive any money until you win your case. Let us know if have any questions related to age discrimination that we did not answer? Maybe there is something that you would like to learn more about.

Our Attorneys

Did You Experience a Violation of Your Employment Rights?

Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

Serving Major Cities Across the United States

Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.