What to Do If You Are Fired Because of Age In California
An experienced attorney will evaluate your situation and help you form a strong claim that you were fired because of age.
Were you fired because of age?
The state of California protects employees from all types of discrimination, including age discrimination. If you believe you were fired from your job because of your age, you may be able to file a lawsuit against your employer and seek compensation.
So, where do you start?
The smartest thing you can do is contact an attorney who specializes in age discrimination.
An experienced attorney will evaluate the evidence pertaining to your situation and help you form a claim that you were fired because of age. In addition, your attorney will assist you through the entire legal process.
It’s important to consider the experience of your attorney, which is why we recommend using an Attorney Referral Service in Los Angeles.
First, let’s take a closer look at age discrimination in the workplace …
Fired Because of Age
People get fired for a lot of reasons.
They might be slow to adopt new technology or new company policies. They might do something illegal. They may be insubordinate or not follow directions very well. They may cause disruptions in the workplace.
Or they may be considered too old or making too much money or both.
If you feel that you were fired because of age discrimination, you may have a legal case to sue your company. And you would not be alone. Age discrimination is a common complaint, according to the AARP, whose recent survey said that 34% of respondents claimed they faced discrimination in the last four years of work – or at least knew of someone who did.
If you feel hurt or angry about being fired, this is a normal reaction that happens to most people in your situation. Your job has been your personal identity.
But now that it has happened, what should you do about it? What CAN you do about it? The first thing you need is evidence.
Gathering Evidence to Support Your Claim
The best proof you could have is a virtual “smoking gun” like a memo from your boss that says something dumb like “Don’t hire anyone over 40 (or 50).” Another dumb policy might be to “Let’s replace older workers with younger ones so we can pay them less.”
You probably won’t find anything like these, but any documents you can gather that reflect a bias toward age would be helpful.
You should look for anything that could be related to age such as the firing or forced retirement of workers that eliminates higher paid employees. This kind of action is called “facially neutral,” a phrase used by the EEOC.
It means that the action might look neutral, but its impact is not.
Related: How to Find an Employment Lawyer
How to File A Claim in California
If you decide to sue your employer, you cannot go straight to court with a lawsuit. The first thing to do is file a written complaint with an administrative agency. This is called “exhausting” your administrative remedies.
If you are bringing claims under California law only, you should file a complaint with the California Department of Fair Employment and Housing (DFEH).
If you are bringing claims under federal law, you should file with either the DFEH or the U.S. Equal Employment Opportunity Commission (EEOC). If you file with the DFEH, the courts will consider that you have also filed with the EEOC.
Once you file, if your claim is not resolved by either the DFEH or the EEOC, you will be issued a document called a “right to sue” letter. You may then bring a lawsuit to court.
Where to Find An Age Discrimination Attorney
Finding an experienced age discrimination attorney can take time and energy.
Most attorneys will offer a free initial consultation to discuss the matter you’re interested in pursuing, which gives you the opportunity to explore their credentials, experience, and specialization. However, you need to make a decision whether or not to continue forward with them once that time is concluded.
For this reason, we recommend trusting those who have a network of trusted employment attorneys to refer.
This is where we can help.
The SFVBA Attorney Referral Service will connect you with an experienced age discrimination attorney in your area, so you don’t have to waste time looking.
Fill out this form to get started.
We’ll take a look at your submission and reach out to you shortly.
If you have questions about this process, you can always give us a call at 818-340-4529.
Settling Your Claim
There are a couple of ways you settle your claim by waiving your rights. You could have done so when you were participating in an employment termination program or an exit incentive program.
If you received a severance package from your former employer, you have
“knowingly and voluntarily” waived your right to sue, according to the EEOC. But the EEOC also states that “your education and the complexity of the statement” play a deciding role in the validity of that agreement.
There is another way to settle, and that is through mediation.
The Option of Mediation
It can take years for your case to get to court, and you may not want to wait that long.
You can take advantage of the EEOC offer (“dispute resolution”) of no-cost mediation. Many employers will accept an offer of mediation because, if your case were to go to trial, the cost to the employer to defend could be as high as $250,000. It’s a lot cheaper for your employer to mediate.
You bring your evidence to the mediation session and your employer brings his.
The mediator decides and may award you money or something else positive like a letter of reference. At the very least, your employer will have to listen to your case and respond. That alone should make you feel better and restore some sense of dignity.
Are you in search for a certified attorney to represent you?
Let us help you find one today!
