The law in the State of California protects employees over the age of 40 from discrimination or termination based on their age.
California Protection under the Fair Employment and Housing Act (FEHA)
In California, employees over the age of 40 are protected from age discrimination at their jobs.
This law is called the Fair Housing and Employment Act or FEHA.
Age discrimination happens if the employer uses salary as the basis for differentiating between employees when terminating if use of that criterion adversely impacts older workers as a group.
Therefore if you are one of many employees at your work over the age of 40 who have been laid off or terminated at or around the same time under certain circumstances you may be entitled to recover the lost salary, benefits and emotional distress.
Age discrimination in California is illegal. The legislature has found it so important to prevent age discrimination that is has stated:
“The Legislature further reaffirms and declares its intent that the courts interpret the state’s statutes prohibiting age discrimination in employment broadly and vigorously…and with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers.”
— California Government Code § 12941
Some employees give their life to their employers. You are there when your employer needs you. Then when you become older, and the employer sees you as obsolete, or feels they can save money by replacing you with younger employees who would be cheaper, then the employer turns their back on you and fires you, only to replace you with someone younger and cheaper. This is a time when you need your job the most.
If you or someone you love has been discriminated or terminated because of their age then please give us a call for help.
To many of us, our job is more than just a job, it is the means to support our family and loved ones, it provides us with a sense of pride. However, when that is taken away for unlawful reasons, it is devastating to you and your family.
There are a number of remedies available to employees who are found to have been subjected to age discrimination or retaliation, or both at work. You may be entitled to receive your loss of wages, any promotions, bonuses or raises you were denied and the benefits you may have lost. You may also be entitled to recover for the emotional toll that the termination had on you.
You do not have to feel you are alone. We are here to help you. We are just a phone call away.
Call The Law Offices of Maryann Gallagher at 213-626-1810, or email us here.