Former Farmers Insurance Claims Adjuster Wins Lawsuit for Age Discrimination

A former claims adjuster for Farmers Insurance in Fresno sued the agency for age discrimination, claiming she was terminated without notice while on medical leave. A jury awarded her $749,000 after a five-week trial for age discrimination and retaliation, as well as the fact that Farmers failed to accommodate her disability.

The plaintiff claims that when she was transferred to the Farmers in Fresno from their location in Visalia, she was given a substantially larger caseload than other workers were. When this caseload became overwhelming, the plaintiff claims she requested help, but her supervisors ignored her requests and did not reassign any of her work. The plaintiff, who was 57 at the time, also alleged that younger employees in the office began making ageist comments towards her. When she complained, the plaintiff claims her supervisors responded by conducting “case reviews” on her files, which led to her receiving several warnings and being placed on probation.

According to the lawsuit, the stress at work caused the plaintiff to suffer a mental breakdown, leading her to take a doctor-recommended medical leave of absence. When she was cleared to work part-time, Farmers did not respond to her hours request. Allegedly, when she showed up for work her first day back, a younger man was already at her desk and Farmers had fired her without notice. The plaintiff then sued Farmers for violations of California’s Fair Employment and Housing Act.

How Do I Prove I Was Fired Due to Age Discrimination?

Age discrimination is illegal under the Age Discrimination Employment Act (ADEA), which protects employees over the age of 40. Proving age discrimination can be difficult, and it is important to keep any documents you receive before leaving your position. You should also hire an experienced Los Angeles discrimination attorney to review any documents and help you determine if you have a case. If you believe you were fired based on age discrimination, contact our attorneys today to schedule a consultation and to learn more about your employment rights.

Did You Know: According to the U.S. Equal Employment Opportunity Commission, 22,857 age discrimination cases were filed in 2012.

Kesluk, Silverstein & JacobLos Angeles employment attorneys

Source:  http://hr.blr.com/HR-news/Discrimination/Age-Discrimination/Age-discrimination-Insurance-company-hit-with-7490