January 10, 2024 In Wrongful Termination

Facing Potential Age Discrimination at Work: Key Points to Consider

In California, facing the threat of losing your job due to age is a serious concern. As a seasoned Los Angeles lawyer, I understand the complexities of such situations. Here’s what you need to know if you suspect your job is at risk because of age-related discrimination.

  1. Understanding Age Discrimination: Age discrimination involves treating an employee or job applicant less favorably because of their age. In California, the Fair Employment and Housing Act (FEHA) protects individuals who are 40 years old or older from employment discrimination based on age.
  2. Signs of Age Discrimination: Common indicators include frequent age-related comments, being passed over for promotions in favor of younger employees with less experience, and exclusion from important meetings or projects.
  3. Job Listing as a Red Flag: If your employer has listed a job opening for your position, it could be a sign of impending termination. However, it’s important to gather more information before jumping to conclusions.
  4. Performance Reviews: Pay attention to your performance reviews. Are there sudden, unexplained negative reviews? This could be a tactic to create a paper trail to justify termination on grounds other than age.
  5. Document Everything: Keep detailed records of any incidents or comments that might indicate age discrimination. Documentation can be vital if legal action becomes necessary.
  6. Legal Protections: Under California law, employers are prohibited from making employment decisions based on age. This includes hiring, firing, promotions, layoffs, compensation, job assignments, and training.
  7. What to Do if Fired: If you are terminated, review the reasons given by your employer. Were younger, less qualified employees retained? Were you offered a severance package in exchange for waiving your right to sue?
  8. Seek Legal Counsel: If you suspect age discrimination, consult with a knowledgeable attorney. An experienced California lawyer can help you understand your rights and advise you on how to proceed.
  9. Filing a Claim: You may have the option to file a claim with the Department of Fair Employment and Housing (DFEH) or pursue a private lawsuit.
  10. Dealing with Retaliation: It’s illegal for employers to retaliate against employees for complaining about age discrimination or for participating in an investigation.

 

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Disclaimer: This information serves as a general guide and is not legal advice. If you believe you are facing age discrimination at work and need legal representation, contact The Mines Law Firm at 888-700-0093. Our team of experienced attorneys in Los Angeles and California is ready to assist you in personal injury, family law, and criminal defense matters.