Fired for Being ‘Too Old’: Is This Age Discrimination?
Experience can become an inconvenient quality in workplaces that prize youth. An older employee might be excluded from projects involving new technology because management assumes they are “not good with computers.” Or dismissed for supposedly lacking the energy to keep up with younger colleagues.
These ageist assumptions can carry serious legal ramifications. California law generally protects employees aged 40 and older from age discrimination, including termination based on stereotypes about their capabilities.
The question is whether your employer had a legitimate reason for firing you or used one to conceal discriminatory intent.
Is It Illegal to Fire Someone Because of Their Age in California?
California law renders it illegal for employers to fire employees aged 40 or up just because they happen to be that age. This includes dismissals motivated by age-related stereotypes or assumptions about an older employee’s ability to perform their job.
Age discrimination protections are established under two key laws:
Age Discrimination in Employment Act (ADEA)
This federal law protects workers who are at least 40 years of age. It generally applies to private employers with at least 20 employees and covered government employers.
Fair Employment and Housing Act (FEHA)
California's law also safeguards workers aged 40 and older from workplace discrimination based on age. Its provisions generally apply to private employers with at least five employees, as well as state and local government employers.
Under FEHA, employers may also be held liable for discriminating against someone they perceive to be 40 or older, regardless of their actual age, or because of their association with a person in that age group.
Of course, reaching a certain age does not make an employee immune from dismissal. Employers retain the authority to address genuine performance deficiencies or reduce staffing for legitimate business reasons. What the law seeks to protect people from is age-based prejudice influencing those decisions.
What Are the Signs You Were Fired Because of Your Age?
Your employer will not explicitly admit they fired you for being too old. An employer may invoke declining performance or organizational changes while the events preceding the dismissal tell a less convincing story.
Some warning signs include:
- Unwelcome remarks about retirement. A supervisor repeatedly asks when you intend to retire or suggests that your career is nearing its natural conclusion.
- A sudden deterioration in performance reviews. Years of favorable evaluations are followed by harsh assessments, despite no meaningful change in your work.
- Different standards for younger colleagues. Employees with less experience receive opportunities to correct mistakes for which you face immediate dismissal.
- A conspicuous pattern of layoffs. Older employees bear the brunt of workforce reductions while younger colleagues in comparable positions remain.
- Replacement by someone substantially younger. Your employer dismisses you and subsequently hires a considerably younger worker to perform virtually the same duties.
Under the U.S. Supreme Court's decision in O'Connor v. Consolidated Coin Caterers Corp., an employee pursuing an ADEA claim does not have to show that their replacement was under 40.
A 58-year-old employee replaced by someone aged 42, for instance, may still have grounds for an age discrimination claim.
Consider another situation: a longtime employee begins receiving poor evaluations shortly after a new manager announces plans to bring in younger talent. The employee is eventually dismissed for supposedly being unable to adapt, in spite of having satisfied the same performance expectations for years.
The manager's earlier remarks may serve as evidence of age discrimination. Their significance depends on the context and the manager's involvement in the dismissal.
How Can You Prove Age Played a Key Role in Your Termination?
Proving age-based discrimination often involves examining the gap between an employer's stated justification and its actual conduct.
An employer might attribute a termination to declining productivity, for example, while the employee's records show consistently commendable performance. These discrepancies are vital to assessing whether the explanation was a pretext for discrimination.
Relevant evidence may include:
- Performance evaluations and commendations: Earlier records that contradict the deficiencies cited in your termination.
- Emails and workplace messages: Written remarks revealing age-related assumptions or preferences expressed by people involved in employment decisions.
- Disciplinary records: Documentation showing how your employer handled comparable conduct involving younger colleagues.
- Termination correspondence: Letters and other communications that help establish the employer's explanation and reveal any subsequent inconsistencies.
Colleagues who witnessed relevant conversations may also be able to give credence to your account.
You should preserve employment records you lawfully possess without improperly accessing restricted company information.
An age discrimination lawyer in Los Angeles can examine the evidence in context, including whether your employer's explanation withstands scrutiny under California or federal law.
Frequently Asked Questions
Can I sue my employer for firing me before retirement?
Yes, potentially. If your employer dismissed you because of your age, you may have grounds for an age discrimination lawsuit. Proximity to retirement alone, however, does not establish an unlawful termination. Evidence connecting the decision to age-based prejudice is necessary.
Can I be fired for being too expensive because of my seniority?
Employers may make legitimate decisions based on compensation costs, even when those decisions affect long-serving employees. However, salary or seniority cannot serve as a pretext for unlawful age discrimination. The distinction depends on the employer's actual reasons and the surrounding evidence.
What compensation can I recover for age discrimination?
You may be entitled to lost wages and benefits, among other remedies. California FEHA also permits emotional distress damages and, in qualifying cases, punitive damages. Federal ADEA remedies differ and may include liquidated damages for willful violations, but generally exclude emotional distress compensation.
The available recovery depends on the applicable law and the losses established.
Can age discrimination happen to younger employees?
Younger employees can experience unfair treatment because of their age. One example is an employer refusing to promote a 25-year-old employee because they believe younger workers lack maturity or leadership skills. However, California's FEHA and the federal ADEA generally protect workers aged 40 and older. Employees under 40 typically cannot pursue age discrimination claims under these laws even if an employer favors older workers over younger ones.
Let JLG Lawyers Hear Your Case.
A dismissal late in your career can disrupt years of financial planning and make the prospect of finding comparable work daunting. When age appears to have influenced the decision, you have reason to question whether your employer acted lawfully.
JLG Lawyers represents employees, not employers, throughout Los Angeles and California in workplace discrimination and wrongful termination cases. Our attorneys can investigate potential discriminatory conduct and assess the legal remedies available to you.
We handle qualifying employment cases on a contingency-fee basis, meaning you pay no upfront attorney fees.
Contact JLG Lawyers to discuss your dismissal and determine whether you have grounds to pursue a claim.
This article is intended for general informational purposes and does not constitute legal advice. The viability of any employment discrimination claim depends on the facts and applicable law.