What Rights do Older Employees Have in a California Workplace?

An older employee with a box of his personal belongings after facing age-related workplace discrimination
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Both California and federal employment laws protect individuals who are over the age of 40 from workplace discrimination. If you suspect you have experienced workplace discrimination based on your age, you may have legal options that offer redress and help ensure you are treated fairly in the future.

What is Age Discrimination?

Age discrimination occurs when an employee is unfairly treated based exclusively on his, her, or their age. Some of the most common types of workplace age discrimination include:

  • Denial of merit-based salary increases
  • Being passed up for promotion despite qualifications
  • Termination for non-performance issues
  • Demotion for non-performance issues
  • Salary reduction
  • Forced transfer
  • Denial of medical leave

Older employees often make more than their younger co-workers. Unscrupulous companies or supervisors may choose to terminate an older employee based on nothing but the salary they receive. When a company develops a pattern of terminating or forcing into retirement older, higher-salary employees, they may be in violation of both state and federal labor laws. During your complimentary case review, we will carefully evaluate your situation, provide honest information about your options, and help you determine the best course of action.

How do I Know if I’ve Been Discriminated Against?

If you believe that you have been the victim of age-based discrimination, it is best to talk with an attorney who specializes in employment law. Most companies understand the law and will take steps to make it appear that age has nothing to do with HR decisions. This is where an attorney can prove incredibly useful.

Signs that a company may be engaging in age discrimination include, but are certainly not limited to:

  • Firing high-salaried employees
  • Firing established employees
  • Creating a culture where jokes about age are tolerated
  • Changes in how performance is reviewed
  • Changes in work duties or job description
  • The promotion of a corporate culture focused on younger employees

Identifying discrimination is seldom straightforward. Having an experienced attorney in your corner increases the likelihood that all signs of discrimination will be uncovered.

Kirtland & Packard can Help

Employment discrimination is a serious problem. Older employees who are terminated based on age face mounting difficulties re-entering the workforce – particularly in situations where they were salaried, senior members of a team – and may be much more vulnerable to the devastating impacts of long-term unemployment.

At Kirtland & Packard, we understand how difficult it can be to face discrimination at work – and how frightening it can be to take action when you suspect your employer is treating you unfairly. We are here to ease this process, protect your rights, and help ensure you are treated fairly.

Dedicated, thorough, and determined, our employment lawyers have the resources and experience necessary to effectively handle age discrimination cases. We encourage you to contact our office for a free case review where we can get a better understating of your situation and provide you candid information about your options.

To schedule your complimentary case review, please call Kirtland & Packard at (310) 536-1000 today. We serve the South Bay communities of Manhattan Beach and Torrance from our Redondo Beach office.