Advocating For California Employee Rights

Did age discrimination play a role in your termination?

On Behalf of | Jan 23, 2019 | Uncategorized

Let us say you were in sales with an Orange County software company. A new manager took over the department where you worked and began making personnel changes.

You were passed over for advancement and finally terminated along with two other employees. At the age of 62, you were the youngest of the three, and you believe age discrimination was a factor.

Banking on excuses

As part of the sales team, you spent much of your working life dealing with the public. You interacted well with customers and had a good sales record. The new manager could have made you a supervisor, but instead, chose a younger man with less sales experience but more IT experience. In fact, the manager cited a lack of technical knowledge as the reason for your termination. He told you the company’s investment in a new, state-of-the-art computer system for the sales and marketing department made it possible to cut staff, so you and your two co-workers were suddenly out of work.

About age discrimination

There are strict laws in California that prohibit an employer from engaging in age discrimination. Unless age is a legitimate occupational qualification, it cannot be a factor in the termination of an employee. An employer cannot use age as a reason to hire, classify, segregate or limit employment opportunities. Given the fact that two other members of your sales team, both over the age of 60, were also terminated, the use of technology as a reason seems suspicious.

Time to act

According to federal anti-discrimination laws, you must file a claim with the Equal Employment Opportunity Commission within 180 days from the date of your termination. However, if you also lodge a complaint with the Department of Equal Employment & Housing in California, the time for filing with the EEOC may extend to 300 days. Explore your legal options. If you are the victim of age discrimination, you will be eligible to receive payment for damages, attorney fees and court costs, back pay, future pay and more.