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You cannot immediately file an age discrimination lawsuit against your employer, even if you have substantial evidence demonstrating egregious misconduct. Initially, you must file a complaint with the MCHR or the federal Equal Employment Opportunity Commission (EEOC). (Note that our firm generally prefers to handle age discrimination claims at the state level.) This is a mandatory step before any lawsuit can be pursued, as it initiates an investigation into your claim. The charge must be filed with the MCHR within 180 days from the date of the discriminatory act to preserve the validity of your case.

Once the charge is filed with the MCHR, they will review the complaint and may offer mediation as a means of resolving the issue. Mediation can allow both parties to negotiate a settlement without undergoing lengthy legal proceedings. If mediation is unsuccessful or not pursued, the agency will conduct a thorough investigation, gathering evidence, conducting interviews, and assessing whether there has been a violation of anti-discrimination laws.

Once 180 days have passed from the date you filed your complaint, you can ask for a “right to sue” letter. The MCHR will stop its investigation if you request this letter and will take no further action on your behalf.

If you don’t request this letter, they’ll complete their investigation and determine whether they have evidence that supports probable age discrimination. If they do think there’s probable cause, they will work to settle your case with your employer. If these negotiations are unsuccessful, they will proceed to a hearing, where a hearing examiner will make a final decision. If the MCHR doesn’t think they have enough evidence to pursue their own case, they will issue a letter saying so, and you’ll have a right to appeal.

Filing your own lawsuit involves drafting and submitting a formal complaint that outlines the discriminatory acts, the applicable laws, and the relief sought. Our St. Louis age discrimination lawyers can assist you with this process and aggressively fight for you in and out of the courtroom.

The duration of a Missouri age discrimination lawsuit can vary significantly depending on numerous factors, including the complexity of the case, the willingness of parties to settle, and the workload of the court system.

Again, you cannot sue until you have received a “right to sue” letter from the MCHR or EEOC. You can request this letter from the MCHR after waiting 180 days from the date you submitted your initial complaint.

Moving forward with a lawsuit may involve prolonged pre-trial proceedings, including discovery, where both parties gather evidence. The discovery phase itself can take anywhere from several months to over a year, depending on the scope of the evidence and any challenges that arise. Additionally, seeking resolution through mediation or settlement discussions can either shorten or lengthen the timeline based on the outcomes. If your case proceeds to trial, additional delays may occur due to scheduling and other procedural requirements.

We understand that the lengthy process of pursuing an age discrimination lawsuit can be incredibly frustrating. Our attorneys can keep you informed throughout each stage of the legal process and are prepared to work efficiently to get you justice.

An age discrimination lawsuit can result in one of several outcomes. One possibility is a settlement, which can occur at any stage of the litigation process. In a settlement, the parties agree on a resolution without proceeding to trial, often involving compensation for lost wages, damages for emotional distress, or other agreed-upon remedies. Settlements provide a quicker resolution and reduce the uncertainty and costs associated with a trial. However, not all employers are willing to settle, and some may make woefully inadequate offers.

If the lawsuit proceeds to trial, the court may rule in your favor, resulting in a judgment. This can lead to various forms of legal relief, including compensation for lost earnings and benefits, reinstatement to a previous job position, changes in workplace policies, or punitive damages in cases of egregious conduct by your employer. Your employer will also likely be responsible for covering your attorney’s fees and other court costs if you win your case.

If the court sides with your employer, they may dismiss your case. Should this occur, you will not receive any compensation or relief unless you successfully appeal the decision.

While you can represent yourself in a breach of contract lawsuit, doing so comes with significant risks and challenges. The complexities of contract law require a nuanced understanding of legal principles, procedures, and the intricacies involved in presenting a case effectively in court. Without professional legal training, you may struggle to accurately interpret contract language, gather relevant evidence, or comply with procedural requirements, potentially undermining your case.

Your employer will likely be represented by experienced legal professionals, placing you at a disadvantage in legal arguments and negotiations. Missteps in any part of the process can have detrimental consequences, including the possibility of an unfavorable verdict. An experienced employment law attorney who handles breach of contract cases can help you avoid common mistakes, build a strong claim, and effectively combat your employer’s arguments.