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St. Petersburg Age Discrimination Attorney

Age discrimination applies in discrimination cases of Florida employees who are 40 or older. The employment laws in place seek to prevent companies from terminating older and more experienced employees in order to hire younger employees with lower salary requirements. If you are 40 or older and believe that you have been unfairly discriminated against in the workplace as a result of your age, attorney Craig Berman can help you take your employer to task and get you the compensation you deserve.

State And Federal Age Discrimination

Under the federal Age Discrimination in Employment Act (ADEA), businesses employing at least 20 employees are barred from making employment decisions based solely on an employee or applicant’s age. Florida state law goes even further, holding businesses that employ at least 15 employees to the same standard as the federal law.

What Does Age Discrimination Look Like?

There are many ways that age discrimination can manifest in the workplace, but many of the cases that attorney Berman has accepted have contained one or more of the following tell-tale signs:

You suddenly start receiving poor performance reviews despite doing your job the way you always have before.
The company lets older employees go, citing financial reasons, only to replace them with younger candidates afterward.
You are passed over for promotions for jobs that require skills in new technology.
You are relegated to working on old accounts or problems while new hires are given cutting-edge assignments.
Your boss or colleagues frequently make jokes or offensive comments about your age or older people in general.
You and other older employees are segregated in some way.

If any of these situations sound familiar, you may have grounds for a discrimination claim. Mr. Berman can review what happened and help you understand whether the law gives you a path forward.

Frequently Asked Questions About Age Discrimination In Florida

Workers in Hillsborough and Pinellas counties who suspect age discrimination often come to us with the same questions. The answers below address what Mr. Berman hears most from clients before their first consultation.

At what age do state and federal laws begin protecting Florida workers against age discrimination?

Both draw the line at 40. The federal ADEA covers employees at companies with at least 20 employees. Florida law applies the same standard to companies with at least 15 employees, extending protection to more workers than federal law alone would reach.

Is my employer allowed to replace me with a younger employee if we are both over the age of 40?

Not automatically. If the decision was driven by age preference rather than a legitimate business reason, it can still support a claim. Courts look at the full picture, including the size of the age gap and whether the employer’s stated reason holds up under scrutiny.

What subtle signs or coded language in performance reviews can indicate age bias?

Watch for phrases like “lacks energy,” “resistant to change,” “not a culture fit” or “struggles with new technology.” These can be pretextual descriptions of age-related stereotypes. When a strong performance history turns negative around the same time a company starts hiring younger workers, the timing itself becomes evidence.

How long do I have to file an age discrimination charge with the EEOC or Florida Commission on Human Relations?

In Florida, you generally have 300 days to file with the EEOC’s Tampa Field Office. For local agencies, including the city of St. Petersburg Community Affairs Department and the Pinellas County Office of Human Rights, the deadline is 180 days. Missing either deadline can bar your claim entirely.

Can my employer force me to sign a severance waiver that gives up my rights under the ADEA?

The Older Workers Benefit Protection Act sets out specific requirements that a severance waiver must meet before it can legally release your ADEA claims. The agreement must identify the ADEA by name, provide something of value beyond what you were already entitled to receive and include a written recommendation that you speak with an attorney before signing. You must also be given adequate time to consider the offer: 21 days for an individual termination and 45 days when the layoff affects two or more employees who are 40 or older. Even after you sign, the law gives you seven days to change your mind and revoke the agreement. A waiver that skips any of these steps cannot be enforced against your ADEA rights. If your employer rushed you through the process or left out any of these protections, Mr. Berman can review the agreement and advise you on where you stand.

How Can You Help?

Attorney Berman will help you file a complaint with the correct employment agency or government body in the right language. He will stay by your side throughout the process to ensure that your complaint is heard and understood and will file any necessary appeals. Mr. Berman is your best bet for obtaining compensation for your troubles and sending a clear message to your employer that age discrimination is intolerable in the workplace.

Berman Law Firm, P.A., provides legal counsel for clients throughout Hillsborough and Pinellas counties who are grappling with age discrimination issues in the workplace. Contact the office today at 727-547-3316 to schedule a consultation with an experienced employment lawyer.