A lot of people ask me about why I charge a Consultation Fee of $350. Employment Law is different from other areas of the law. For example, with a traffic accident case, a lawsuit can be filed shortly after the accident. So a number of attorneys provide free consultations to individuals because a decision on filing a lawsuit can be made shortly after.

For people with Employment Law issues, the situation is a lot more complicated. Employment law requires employees and former employees to follow a “process” or protocol in order to address their issues. The purpose of meeting with me is to find out where you are in that required process and what options you may have.

The consultation fee is to make sure that only people who are serious about pursuing a path that may result in a lawsuit meet with me. The fee is also based on my years of training and experience to help guide you to the next steps. You are getting the benefit of my real world experience in employment law and other areas of the law. That is why a Consultation Fee is required.

What qualifies as age discrimination in the workplace?

On Behalf of | Mar 24, 2025 | EMPLOYMENT LAW (EMPLOYEE) - Workplace Discrimination |

Are you getting fewer advancement opportunities coming your way since hitting your 50s? Age discrimination affects many Hawaii workers over 40, but identifying and addressing it can feel overwhelming.

Common signs of age discrimination

There are many ways others may discriminate against you for your age. Common red flags to watch out for are:

  • Negative age-related comments: Hearing phrases like “old school,” “dinosaur” or “not tech-savvy enough” can go beyond good-natured teasing
  • Exclusion from activities: Getting left out of important meetings while younger employees get invited
  • Passed over for promotions: Only younger, less experienced workers get promoted
  • Targeted for layoffs: Noticing that most people losing their jobs during cuts are older workers
  • Limited training opportunities: Less chances to learn new skills compared to younger staff
  • Different treatment: Facing tougher standards or discipline than younger coworkers for similar issues
  • Performance criticism: Getting unusually harsh reviews despite good work history
  • Job reassignment: Moving to less desirable positions or reducing responsibilities

Sometimes, the discrimination can start at the recruitment stage, with job postings intentionally seeking younger hires, calling for “digital natives” or people with “fresh perspectives.”

Steps to address age discrimination

If you face any form of age discrimination, it’s crucial to document your experience. Write everything down—save emails, take notes after conversations, and record unfair comments with dates and witnesses. These serve as evidence to help prove your case.

Additionally, check your employee handbook to find out how to file complaints at your workplace. Then, file a formal complaint with HR and notify any superiors if necessary.

State laws that protect your rights

Hawaii gives workers stronger protection against age discrimination than federal laws do.

State law protects employees at all companies. Meanwhile, federal law only covers bigger companies with at least 15 or 20 employees. This means even if you work at a small business, state law still protects you.

Take note that you have a limited timeframe to notify the Hawaii Civil Rights Commission about any discrimination you experience. Working with an experienced legal professional can help you ensure you meet all requirements and deadlines and protect your rights.