Wrongful termination and age discrimination

On Behalf of | May 23, 2024 | Employment |

Employers discriminate based on age when they treat an employee unfairly because of their age. In California, the Fair Employment and Housing Act (FEHA) protects employees over 40 from discrimination, including wrongful firing. Employers cannot legally terminate an employee based on age, and doing so can lead to a wrongful termination claim.

Recognizing signs of age discrimination

Age discrimination can be subtle and often manifests in indirect ways. You may be facing age discrimination if supervisors choose younger employees for promotions over you. Additional signs may be if you get negative reviews despite your good performance or are assigned less desirable tasks. Also, rude comments about age or pressure to retire can also show age discrimination.

Proving wrongful termination due to age discrimination

To prove wrongful termination due to age discrimination, employees must show that their age was a big reason for their firing. This can involve gathering evidence such as emails, witness testimonies, or patterns of behavior showing age bias. A comparison with younger colleagues who received preferential treatment can also strengthen the case.

The impact of wrongful termination on employees

Wrongful termination due to age discrimination can have significant emotional and financial impacts on employees. It can lead to loss of income, difficulty finding new employment, and psychological stress.

Pursuing justice in age discrimination cases

Taking legal action against wrongful termination for age discrimination involves understanding the specific protections under FEHA and compiling compelling evidence. By demonstrating that age was a key factor in termination, affected employees can seek compensation and corrective measures.