AGE DISCRIMINATION LAWYER

Employment discrimination based on age over 40 is illegal under the California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act of 1967. For many workers over age 40, employment discrimination is a fact of life. Unfortunately, proving that an employer’s action was discriminatory can be hard to prove. Early involvement by an experienced employment law attorney can help you determine if you have a case that is worth pursuing. However, it is only realistic to involve a contingency fee lawyer if there is an actual job termination, an employee is forced to quit, or they are actively being harassed based on their age.

Call (714) 210-8000 to speak to an experienced employment discrimination lawyer to find out if you have a case

HOW CAN I PROVE MY EMPLOYER'S ACTIONS WERE DISCRIMINATORY

The best age discrimination cases involve ageist (nasty comments about age) by the same person who fires the employees. To convince that the job termination was due to age over 40, the ageist comments should come from the person making the decision. If the comments were made by a co-worker or somebody who wasn’t involved in the decision, the statements may not be relevant to your case.

Evidence of age discrimination includes:

 . A boss that remarks, “The company needs new blood,” or “Why haven’t you retired already?” 

 . It is time to dye your hair again

. We need younger

. We need someone younger, and quicker

. Direct remarks like, "Hey old man, or Grandma" 

. Layoffs that only involve people over 40, 50, or 60

. Claims an older person cannot handle the relevant technology if they can

Other common fact patterns involve replacing an older worker with a younger worker, mandatory retirement, or pressuring an older worker to retire. Older workers may also receive false negative performance reviews, which may be used as a pretext to fire them at a future time. By itself, the fact that an older worker was replaced by the younger worker is usually not enough to prove discrimination. Age discrimination lawsuits are often based on comments made by the person making the decision coupled with replacements who are under 40, often earning less. 

As an aside, when the law started to protect age discrimination 40 was considered old and 65 was retirement age. Now many people work into their 70s and 80s. Obviously the job at issue may be relevant in determining whether the employer really intended to replace somebody due to their age. Physical jobs do become harder to do at ages 40 and older. Older lawyers, however, are thought to be experienced and more capable of handling a difficult legal situation such as a trial. Thus, the motive to fire might be less clear unless they are essentially doing an entry level attorney job and not willing to step up and do trials. However, if a lawyer has taken the easy route and refuses to try cases or be full charge on a case that is an independent reason to fire them that has nothing to do with age. The facts of the case do matter. 

Contact an Orange County Employment Lawyer

To schedule a consultation with an Orange County age discrimination attorney, call (714) 210-8000. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.