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Life Begins at 40, but so does Age Discrimination at Work

The average age of the American worker has been rising as the population has increased and medical care has improved. People are living longer and have more vitality at a later age now than they have ever had before. You would think that would open up more employment opportunities. Companies want older folks with years of experience, right? In some cases, that’s true. In far too many others, the situation is the opposite. Men and women are being phased out in the later years to save on salaries and pension expenses. It’s not only wrong; it’s illegal. If it’s happening to you, it’s time to call a Dallas Employment Discrimination Attorney.

They say life begins at forty. The troubled days of youth are behind us, the kids are nearly grown and gone, and new possibilities abound for us. The accumulated knowledge of half a lifetime combined with the sensible temperance of middle age make all things possible, unless you’re discriminated against and lose your job. Have you recently been laid off due to “cost-cutting” measures taken by your employer? Were any of the younger, less experienced, and lower-paid employees laid off along with you? Most of the time the pattern is clear, but those in your position feel they can’t do anything about it. That is simply not true. You’re protected and you have options.

In 1967, a law called the Age Discrimination in Employment Act (ADEA) was passed to protect workers forty years old and older from age discrimination. It is not okay for an employer to lay off his older workers and keep the young ones because he can pay them less. That is a violation of your rights and you can sue for it. Call the office of Dallas employment discrimination attorney Dan Atkerson and schedule a consultation. We’ll tell you if you have a valid case or not and then get you what is rightfully yours.

According to ADEA and the Equal Employment Opportunity Commission, it is illegal for any decision made on “term, condition, privilege of employment, hiring, firing, promotion, layoff, compensation, benefits, job assignments, or training” to be based on age. It’s spelled out in black and white and employers are required to know it, but still age discrimination rears its ugly head in America’s workplaces. Excuses and justifications for it are more common than actions against it. Most victims of it, especially in the 40-50 year old age group, either take the lay-off and collect or look for another job.

The recent recession caused thousands of people to lose their jobs here in the metro-Dallas area. If you were one of them, examine the situation around your release. If you feel that you were the victim of an adverse action that may have been age discrimination, call Dan Atkerson at (214) 383-3606 or danatkerson@atkersonlaw.com, and he will explain what you can do to correct the situation.

Tags: Age Discrimination, Dallas discrimination attorney, Dallas employment attorney, Dallas employment discrimination

Age Discrimination | law_attorney August 24, 2011 | Comments (0)

Don’t let them discourage you from hiring a Dallas Discrimination Lawyer

Do you know who “they” are? They are your co-workers, the managers, the human resources personnel, the nay-sayers, the proponents of preserving the status quo and allowing things to go on as they always have. “They” are the men and women who impede progress, intentionally or unintentionally, and allow the unacceptable to be accepted. They are those who tell you to be silent and let it slide, maybe even offering to buy your silence to avoid a scandal. Is that happening to you? Are you letting “them” discourage you from hiring a Dallas discrimination lawyer?

One of the first actions of the guilty when they get caught is to try to cover up the behavior by coercing or bribing the witnesses and victims. In cases of employment discrimination, it may not be the actual offenders who make these offers. A company that hires a manager who then discriminates against an employee is guilty because they are the responsible party, but it’s the manager who committed the offense. You can sue that person directly in some cases, and you can sue the company. The company may offer to settle outside of court to keep you silent. They might even tell you that you don’t need a lawyer.

Do not settle until you talk to Dallas employment discrimination attorney Dan Atkerson. If you do, you may be settling for far less than what you will receive if you go to court. You might also end up signing an agreement that will leave you with no right of appeal later on. In most cases, you’re letting someone off the hook when you settle and allowing the behavior to continue. If it’s a case of the company wanting to avoid bad press, demand that they terminate the manager who is doing the discriminating. Even if you choose to move on to other employment after the incident, you’ll still want to make sure no one else has to go through what you did.

There are different types of discrimination, and none of them are okay. Race and color discrimination are the two that come to mind first. If you are being held back because of the color of your skin or your national origin, you can contact a Dallas employment discrimination lawyer like Dan Atkerson and seek legal recourse. The practices of discriminatory promoting or hiring are both illegal, and you could be entitled to a financial settlement if you have been the victim of one of them. Many folks who are still struggling to find jobs don’t know that and could be breathing easier right now instead of struggling to survive, well compensated for being the victims of an illegal act.

In this country, all men and women are equal under the law. Unfortunately, some individuals still try to exclude others because they are different. It is not morally right and it’s not legal for this behavior to go on, but it does. Morality is an individual choice, taught to us as children by religious institutions and parents. Legal lessons are taught by the courts when they levy heavy fines and even jail time to those who break the law. Contact Dan Atkerson at (214) 383-3606 or danatkerson@atkersonlaw.com and he’ll explain how we can get you justice for the discrimination you have suffered through.

Tags: Dallas disability discrimination, Dallas discrimination attorney, Dallas Employement Lawyer, Dallas employment attorney, Dallas employment discrimination, Dallas employment lawyer, Dallas labor attorney

Dallas Employment Discrimination Lawyer, Dallas discrimination attorney, Dallas employment lawyer | law_attorney August 17, 2011 | Comments (0)

Are you a victim of Sexual Harassment?

Where do you draw the line between friendly banter and sexual misconduct? The determining factor for you, as the object of that behavior, is whether or not you feel comfortable with it. If you feel threatened in any way or have asked repeatedly for the behavior to stop and it hasn’t, you may have a case for sexual discrimination. For that, you need a Dallas discrimination attorney to help you, namely Dan Atkerson. He’ll stop the harassment and make sure you’re compensated for your distress.

A co-worker asking you out on a date is not ethical, but it’s also not normally viewed as a case of sexual harassment. In fact, many people meet their future life partners on the job. Those are the happy ending tales. The not-so-happy ending stories are the ones where the first refusal is not taken graciously and leads to other attempts, even insults and outright slander against the target party. Unfortunately, there are a lot of truly sick people out there who have no relationship skills and even less respect for the opposite sex. They are some of the worst sexual predators there are, because in so many cases no one does anything about it. They just wait for the behavior to stop.

Sexual harassment towards one individual does eventually cease when the perpetrator moves on to another target. That might offer a sense of relief to the original victim, but the scars from the experience will still be there, and someone else will now be subjected to the same type of sexual advancements. The party doing the harassing won’t stop, but may become more aggressive after getting away with it the first time. This is how simple situations escalate into serious problems. We’ve seen cases that started out as a dating proposal turn into physical and mental abuse that could have been avoided.

The laws on sexual harassment are very clear. Unwanted advances or sly side comments count. You do not have to put up with them, whether you’re a woman or a man. In many ways, sexual harassment is also discrimination, because you’re singled out by your sex as the object of someone’s attention. It’s not okay, it’s not cute, and it’s certainly not something you should just let go. In his experience as a Dallas discrimination attorney, Dan Atkerson has seen judgments and settlements of six figures awarded to victims of sexual harassment. The next recipient of one of those awards could be you.

Call our office today and tell us your story. There’s no reason to go another day feeling the way that you feel. Not only are you allowing an illegal activity to take place, but you’re settling for less in your own life. Why should you feel demeaned or dissatisfied with your job because someone else has picked you as their target? There’s no reason for it, and Dan Atkerson can stop it. Contact Mr. Atkerson at (214) 383-3606 or danatkerson@atkersonlaw.com, and he will tell you how.

Dallas discrimination attorney | law_attorney August 10, 2011 | Comments (0)

Are they using the color of your skin or your accent to hold you back?

Have you noticed that everyone in your department at work in the same color or nationality as you? Do your supervisors and managers share the same skin tone? In the years that you have been with the company, have you ever been offered a promotion to become one of those supervisors or managers? Has anyone in your department? These are disturbing questions, and the answers may not be something you want to look at, but there’s a good chance you are being discriminated against based on your race, color and/or national origin, and so are your fellow workers. Worse yet, if you don’t do anything about it, it will continue.

Discriminatory hiring and promotion practices are still common in the United States. It’s not supposed to be like that, but unfortunately it is. There are a number of companies here in the Dallas area where you can literally see a caste system in place, yet no one does anything about it. It’s almost as if those who are workers are destined to be there and those who are managers are the chosen ones. This sort of medieval thinking is even more common in cases where large groups of workers originate in another country and speak a different language. They’re American citizens, but they’re not treated as such.

The laws in this country forbid that type of discrimination and Dallas employment discrimination lawyer Dan Atkerson can help you do something about it. Don’t feel that, because things have always been that way, they have to stay that way. Civil rights activists fought and died so you could have the same rights every other man and woman has, so don’t be afraid to step up and claim what is yours. If you feel that you are being held back because of the color of your skin or your accent, contact our office today and come in for a consultation. You may just have a case for legal action.

What kind of result can you expect if you take your case to court? A lot of cases like yours never make it that far because the plaintiffs feel like they can’t win. No one wants to be labeled as a trouble-maker and possibly lose their job, but settling for less every day is far worse than either of those. Fighting for what is rightfully yours could not only net you a nice financial settlement, it could improve conditions for you and your fellow workers. There is nothing to fear. If they terminate your employment because you’re suing them, that is illegal retaliation, and it just adds to our case and increases the amount we ask for.

This country has come a long way in the past half century and there’s no question that there are more opportunities available now than there were before, yet some individuals and even entire companies still practice discrimination on a daily basis. If you feel its happening in your workplace, talk to someone there about it. If your pleas fall on deaf ears, contact Dan Atkerson at (214) 383-3606 or danatkerson@atkersonlaw.com. He’ll make sure they listen.

Dallas Employment Discrimination Lawyer, Dallas discrimination attorney, Dallas employment lawyer | law_attorney August 3, 2011 | Comments (0)

Hazing is Discrimination, too. Call our Dallas Discrimination Lawyer for Help

Once upon a time in America, hazing was considered by many to be “just good clean fun”, but its not. People, usually under-aged kids, get hurt from hazing, both physically and emotionally, so it is illegal. If you have been singled out by your peers and are the recipient of demeaning or insulting acts against you, there is a good chance that you can file suit in court and win a financial judgment for your pain and suffering. Hazing is discrimination and the courts do not look kindly on that. Contact us here at the office of Dallas discrimination lawyer Dan Atkerson to learn more.

Instances of hazing reported across the United States range from the fairly benign to the truly horrifying. If you do an online search, you’ll find cases that involve everything from being sexually assaulted using knives, pens and household tools, to being forced to consume deadly amounts of controlled substances, to being locked in a room with excrement. These are some of the worst, most brutal college hazing rituals reported, and they are all blatantly illegal. If you have been the victim of any of these acts or feel that you were forced to do something against your will, call Dan Atkerson today.

The discrimination laws in the state of Texas and federal statutes protect everyone from cruel and unusual acts against them. This protection extends even to college students who get drunk and volunteer for hazing rituals as part of a fraternity or sorority pledge. If you’ve been approached to participate in one of those rituals, ask exactly what is expected of you. If you feel the requirements classify as hazing, refuse to participate, and are denied entry to the fraternity or sorority because of that, you are the victim of discrimination. An illegal act cannot be the determining factor for acceptance into any member organization, no matter how private or exclusive.

Civil rights and desegregation rulings for the past half century have been portrayed by the media and politicians as being related mainly to race and gender issues, but they protect all individuals from being singled out for any reason. Hazing is done in most cases to those who are different, sometimes those of a different faith or sexual preference, and in almost all cases to those who are physically or mentally weaker than the individual or group that is harassing them. Unable to protect themselves, they allow others to force them to do the most degrading and menial acts just to avoid getting hurt. Fear takes over, making them victims of the worst kind of predators.

Where do you turn to when it seems like the entire world is against you? Dallas discrimination attorney Dan Atkerson can help you. Contact our office today at (214) 383-3606 or danatkerson@atkersonlaw.com and tell us your story of hazing and abuse. We’ll listen, we’ll prepare a case for you, and we’ll get you the justice you deserve. No one should be subjected to what you have gone through; come to us and we’ll make them pay the price for it.

Dallas discrimination attorney | law_attorney July 27, 2011 | Comments (0)

Female Salespeople aren’t the only ones who Face Sexual Harassment

Sexual harassment tends to be a subject that most folks relate only to women, but men are the objects of sexual harassment also, as are transgender individuals. If you read the way the laws are written, there is no place in the statutes that uses the word “woman” specifically when talking about unwanted advances or outright discrimination due to gender. In some cases, men face it every day and don’t do anything about it because of society stereotypes and fears of reprisal. If you are in that position, you do not have to take it anymore. There is a Dallas employment discrimination attorney who can help you.

Dan Atkerson has fought for the rights of victims of sexual harassment for decades now. He has secured judgments or settlements in the six figures range on a number of occasions and can get you what is rightfully due to you. Please, do not fear any repercussions or punitive actions on the part of your employer if you file; anything of that nature will result in the courts awarding you more for lost wages and unlawful termination and retaliation. If you have a legitimate case, Dan will stand up for you and make sure that neither you nor any future employee of that firm will have to deal with sexual harassment ever again.

Sexual harassment comes in different degrees, and unfortunately many people believe that certain behavior is “normal” between men and women, thus giving those who are doing the harassment a good justification for it. Asking someone out constantly every time you see her or him at work, despite continued refusals, can be classified as sexual harassment. There doesn’t have to be a physical action or even a lewd comment for it to end up in court. If you feel uncomfortable in the workplace due to words or actions that you are subjected to because of your sex, you may have a case for legal action.

Why would this classify as a case for a Dallas employment discrimination attorney? The word “discriminate” is defined by Webster’s as “To make distinctions of the basis of preference of prejudice”. That is exactly what happens when you’re singled out for special treatment, bad or good, because of your gender. Sexual harassment is a form of discrimination and the courts will treat it as such. In one case, a female salesperson was awarded a judgment of $90,000 after attorney fees because she was subjected to repeated advances and even threatened with punitive action for non-compliance with sexual requests.

No one should have to put up with discrimination anywhere, especially in the workplace where you earn your livelihood. If you feel you’ve been the victim of sexual harassment or any other type of discrimination, please contact our office at (214) 383-3606 or danatkerson@atkersonlaw.com and come in for a free consultation. Dan Atkerson is a Dallas employment discrimination attorney who can help you, so don’t put up with what you’re going through one day longer. You deserve better.

Dallas employment lawyer | law_attorney July 20, 2011 | Comments (0)

A Labor Lawyer Dallas Workers in Need Can Turn To

Being all alone and thinking there’s no one to help you when you’ve been wronged is a terrible feeling for anyone to have. If you’ve been terminated or refused promotion and your livelihood is at stake, the feeling changes from disappointment to desperation. Please, do not despair if you’re in that position right now. Far too many individuals in similar circumstances have given up or done something rash and foolish. Do the right thing. Contact the office of Dan Atkerson, the labor lawyer Dallas workers in need turn to most often. He can help you and make that wrong into a right.

Companies that treat their workers unfairly or discriminate against them are counting on ignorance of the law as being their greatest asset. In years past, many employers got away with paying lower wages and having deplorable working conditions because workers were afraid to complain to anyone and thought the law wouldn’t help them. It was simpler to just put your head down and take it, telling yourself you were grateful just to have a job. They say the only thing that evil needs to triumph is for good men to do nothing. That’s what happened in the American workforce for decades.

Today, things are different. Mass communications through television, and now over the internet, have educated the American worker about his or her rights. It’s more difficult to discriminate now and less likely to happen, but there are still instances where decisions based on color, race, age, disability, religion or sex are made, instead of choices based on experience and qualifications. Some executives and hiring managers won’t even look at a resume from someone of color or from another country, an action that is not only morally reprehensible, but illegal. That’s where Dan Atkerson can help you.

This country just went through a terrible recession, and the unemployment rate is still hovering around ten percent. That means that people are in fear of losing their jobs once again, an atmosphere that is ripe for abuse from management and the acceptance of lower pay in return for the “privilege” of having a job. During the Great Depression at the beginning of the last century, conditions similar to these led to the formation of labor unions to protect the worker. This is a different time, and management is much smarter now. Unions may help you, but a labor lawyer will find you justice.

What do you do for a living? Have you been working for the company long? Have you watched others get promoted ahead of you, folks who have a different sexual preference, skin tone, or national origin? Don’t settle for less. If you’re qualified for those promotions and you’re continually being passed over, you’re being discriminated against. Contrary to what others may be telling you, you do not have to take that. Contact the office of employment discrimination attorney Dan Atkerson today at danatkerson@atkersonlaw.com or (214) 383-3606, and we’ll set things right for you. That’s what we do – we hold the employers legally responsible for the decisions they make adversely affecting your legal rights.

Dallas labor lawyer | law_attorney July 13, 2011 | Comments (0)

What does a Dallas Employment Lawyer Do?

There are all types of lawyers in the world. What exactly does a Dallas employment lawyer do? The simple answer would be that he protects the rights of employees throughout metro Dallas, Plano, McKinney, Frisco, Allen and the Dallas Fort Worth Metroplex. The complete answer is much more comprehensive. A Dallas employment lawyer is a watchdog for injustice, a guardian for those who can’t defend themselves, and the person responsible when an employer needs to be reminded there is a Constitution and Bill of Rights in this country. He is, to those who need him, someone to turn to for justice when you are wronged.

Dan Atkerson doesn’t wear a halo and he isn’t ten feet tall, but he is a Dallas employment lawyer who will fight for your rights when you have a legitimate dispute against your employer. Discrimination and harassment are two of the most common of these, both unfortunately far too common in our everyday society. Our office has taken on cases in the past involving age discrimination, sex discrimination, sexual harassment, discrimination due to national origin, disability, religion, pregnancy, and harassment due to age, race, national origin, religion, disability, pregnancy or sex as well as violations of the Family and Medical Leave Act (FMLA). We’ve even seen hazing cases where the harassment was so extreme it led to injury. That’s wrong, and Dan Atkerson has sought and attained justice in each and every one of these cases.

The United States was founded on the premise that all men are created equal. It took us a few centuries to get to the point where that statement was accurate, and to modify it to “all people” are created equal. Men and women, any color, age, race, or sex, have a right to equal treatment in the workplace. You cannot, according to this ideal, be refused employment or advancement based on any of your personal characteristics or sex or gender. Unfortunately, that’s in a perfect world where the law is followed to the letter. In our society, we often bend rules and operate in “gray areas”, especially when we want something that may not be entirely legal.

Discrimination is illegal, but many employers have a certain visual image of what they want their employees and executives to look like. They can’t legally exclude anyone from the hiring and promotion process, so they come up with some of the most outrageous excuses to say no to those trying to get ahead. If you’ve heard one of those excuses and you know in your heart that you’ve been turned away because of the color of your skin or your sex or age or disability, contact our office and come in for a consultation.

There’s usually a pattern of behavior with companies that discriminate and you may not be the first to complain about it. Dan Atkerson will find the truth. We’ve seen multiple complainants join together to stop these unfair practices and uncovered others in our investigations who were afraid to come forward before. If you’re being discouraged from seeking legal advice or action, that’s all the more reason to call us. The innocent don’t fear an inquiry into their actions. Only the guilty do—contact employment discrimination attorney Dan Atkerson today at danatkerson@atkersonlaw.com or (214) 383-3606 for a free consultation.

Tags: Dallas disability discrimination, Dallas discrimination attorney, Dallas Employement Lawyer, Dallas employment attorney, Dallas employment discrimination, Dallas employment lawyer

Dallas employment lawyer | law_attorney July 6, 2011 | Comments (0)

Age Discrimination Victims Turn to Dallas Employment Lawyer

Are you too old? For a company to pre-determine how old a person needs to be to do a certain job or get hired for a new position may seem on the surface to be fairly harmless. After all, can a seventy year-old man lift heavy boxes and stock shelves all night long? In most cases he cannot, but a twenty year-old can. Even the most liberal of advocates can see the common sense in that, but what about the seventy year-old that goes to the gym every day? Are you going to deny him a job opportunity because you feel he’s not physically capable of doing it? He’s too old?

If you do happen to make that decision, please tell the gentleman why you’re not hiring him and then send him to our office. Dan Atkerson is a Dallas employment lawyer who just loves to hear stories like that. Of course, you might also want to check your bank balance before that “old guy” leaves your office. We have every intention of cleaning you out for what you just did. It’s age discrimination, and it’s against the law. It is also, of course, grounds for a lawsuit. We’ll see you in court.

Discrimination comes in all shapes and sizes. Age discrimination is practiced almost everywhere you go, sometimes subtly and at other times blatantly with seniors or older adults who feel they can do nothing about it. The natural order of things is that the young take over for the old at some point. That’s just life, right? It might seem that way to some, but when those discriminatory policies affect the livelihoods of individuals, couples, and families, there are grounds for legal action. Call or visit the office of Dan Atkerson to learn more.

Our firm has handled a number of age discrimination cases in the past. Some of them have resulted in high awards to the plaintiffs for lost wages, liquidated damages and attorney fees. If you feel you’ve been discriminated against because of your age, document everything and set up a day for a free consultation with attorney Dan Atkerson. You may have a case and you may not, but don’t just let it slide if you think you can’t win. There are instances where the company you work for will give you plausible excuses why they can’t promote you or have to let you go, plausible, but untrue. We can bring out the truth for you.

“We’re going in another direction. Your department is being closed up. We’re consolidating our resources and thinking about outsourcing.” Are these statements you’ve heard from your employer? Look around you. Is anyone else in your department or section of the company being affected by any of this or are just the older, more “expendable” employees being let go? They might seem to have a good reason, but you know the truth. Come and see us and we’ll help you do something about it. Contact Dallas employment discrimination attorney Dan Atkerson at danatkerson@atkersonlaw.com or (214) 383-3606 for a free consultation.

Tags: Dallas disability discrimination, Dallas discrimination attorney, Dallas employment attorney, Dallas employment discrimination, Dallas employment lawyer

Age Discrimination | law_attorney June 29, 2011 | Comments (0)

National Origin Discrimination is Best Handled by a Dallas Employment Lawyer

Do you remember September 11, 2001? Most people will never forget that date. It was the day America was shocked awake with the realization that we are not untouchable on our own soil, something we thought would never happen. The terrible tragedy of the Twin Towers struck fear into our hearts, but in many ways it also brought us together as a nation. Those who were formerly strangers to each other felt the compulsion to reach out to others and embrace them as brothers and sisters, unless of course you happened to be of Middle Eastern descent. Those folks were the enemy that brought about this terrible tragedy. To many Americans, anyone with dark skin and an accent was suspect.

Is your head nodding in agreement right now or shaking in disbelief? Unfortunately, stereotypes and prejudices will always exist. Its human nature, but that doesn’t make it right. Many hard working, family-oriented men and women who came from Iran, Iraq, Saudi Arabia, Kuwait, Egypt, and other Middle Eastern nations have been denied jobs in the past ten years because of 9/11. That’s called national origin discrimination and not only is it morally wrong, it’s illegal. If you are one of the victims of this crime, you need a Dallas employment discrimination lawyer to help you.

This isn’t the first time that racism has raised its ugly head in America. It’s been part of our culture since the very beginning. There were men in the original Continental Congress who were slave owners. They signed a Declaration of Independence that claimed “All Men are Created Equal”, but didn’t feel that statement applied to their slaves. In the 1860’s, the nation fought a Civil War to abolish slavery, but many of the soldiers sent to fight were conscripted from ships arriving loaded with Irish immigrants. They were sent to the front as cannon fodder.

On December 7, 1941, a day of tragedy overshadowed only by 9/11, the Japanese bombed Pearl Harbor to bring the United States into World War II. Japanese Americans in certain parts of the country were interred in prison camps because of it. In the 1960’s, the Civil Rights Movement secured voting privileges for thousands of African Americans, but it took fifty years longer to elect a black president and a lot of folks are still angry about that. You can chalk all of these incidents up to growing pains for America, but when exactly are we going to be grown up and beyond these things? It obviously hasn’t happened yet.

Discriminating against someone because of their national origin is not acceptable. If you look back in history, many of those doing the discriminating most likely have ancestors who were victimized by the very same thing. Today, we need Dallas employment lawyers like Dan Atkerson to represent those who can’t get a job because of their national origin. Hopefully, some time in the future, all employers in this country will be able to look past all of that and just hire a person for who he is, not what he is. Please contact Dallas employment discrimination attorney Dan Atkerson at danatkerson@atkersonlaw.com or (214) 383-3606 for a free consultation.

Tags: Dallas discrimination attorney, Dallas Employement Lawyer, Dallas employment attorney, Dallas employment discrimination, Dallas employment lawyer

Dallas employment lawyer | law_attorney June 22, 2011 | Comments (0)

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