Are you treated differently than your younger co-workers? Passed for promotion? “Laid off” in a supposedly “mass layoff,” while many of your younger co-workers were not? It is unlawful in California for an employer to harass or discriminate against employees who are of 40 years of age or older. For example, employers cannot discharge or refuse to hire an employee solely because of his or her age. Therefore, retirement or pension plans that require retirement at a specified age are typically unenforceable. Employees with the desire and ability to work must be allowed to do so beyond any retirement date contained in any private pension or retirement plan.
Workplace Justice Advocates handled numerous cases of age discrimination, such as a high recovery for an experienced nurse who did not get an LVN position, which was given to a younger, less experienced nurse. While her employer never said anything negative about our client’s age, we were able to prove that employer’s actions demonstrated a discriminatory motive. Keep in mind, though, it is not necessary to show that the older employee was replaced by a younger worker. It is enough that significantly younger individuals were retained in similar jobs, or were reassigned to positions for which the older employee was also qualified, or otherwise treated more favorably. Even if the economic climate justifies a reduction in force, downsizing alone is not necessarily a sufficient excuse for dismissal of age-protected workers.
If you have been terminated based on your age, contact an age discrimination attorney at Workplace Justice Advocates to discuss your legal options.