Law Firm News February 25, 2010

Los Angeles –Rodney Mesriani, principal partner of the LA-based Mesriani Law Group, is encouraging victims of age discrimination to file charges against their erring employers in the light of increasing employment cases involving workers and employees aged 40 and older. He also underscored the importance of understanding the issue and the rights of victims.

“It is crucial that an individual hire an attorney or a law firm that has a solid reputation and that do not hesitate to litigate”, Rodney Mesriani said.

Based on statistics for Fiscal year 2008, Employment Opportunity Commission (EEOC) had received 24,582 charges of age discrimination by Americans” aged 40 years or older. This figure represents an increase of 32.6% with 8,034 additional complaints filed from Fiscal year 2006 to Fiscal year 2008.

The current recession with its increase in unemployment, in conjunction with the fact that a significant portion of the 40 and older age group tends to be married with children, makes this increase in complaints of particular concern due to the high likelihood of homelessness once unemployment benefits run out and its devastating effects on school age children.

An experienced litigator and trial attorney himself, Mesriani noted that discrimination victims should not be discouraged from filing a lawsuit against the employer or company despite the fact that companies “have too much money, have strong lawyers, making it difficult to afford to pay an attorney”.

Mesriani stressed that some attorneys, like those of the Mesriani Law Group, take cases on a contingency basis where an individual does not pay at all until the “attorney only gets paid based on a percentage of recovery”.

In addition, victims of age discrimination can recover remedies that include back pay, hiring, promotion, reinstatement, or front pay. Under Government Code Section 12965(b) the prevailing party can recover payment of attorneys' fees, expert witness fees, and court costs, he added. He also stressed that workers should “document cases in writing as they occur simply by trail documenting all the incidents that happen, keeping a journal, and looking for witnesses”.

As an advice, he asked on individuals or victims to take further precautions by discussing employment issues with an attorney and to carefully read over any papers required to be signed upon starting work.

He further told that it is imperative for individuals age 40 or older to understand the realities, remedies and issues associated with age discrimination and how they can counter or more effectively dealt with.

“There are consequences for violating such laws, and the employers will ultimately pay for such misconduct if the Plaintiff is proactive and persistent”, Mesriani remarked.