Is It Age Discrimination If I Get Replaced by Someone Older Than 40? - Mann Elias

Is It Age Discrimination If I Get Replaced by Someone Older Than 40?

What to Know About Ageist Replacement in LA

Ageism has become a well-known concern, but it is one of the most prevalent in organizations and businesses across the U.S. According to the AARP, many older Americans are losing their jobs, getting denied promotions and bonuses because of age discrimination.

Right now, there are more than 118 million Americans older than 50 years old that expect to continue working, per the Census Bureau’s report. Even though many assume they will get replaced by someone younger, we seldom think of their replacement older than 40.

As you know, wrongfully terminating an older worker because of age is illegal. So, if you get fired, you have every right to file a claim, even more so if you get replaced by someone close in age. As age discrimination attorneys for the workplace, we understand your confusion. In California, laws protect employees older than 40, especially when the “younger replacement” is older than 40 too.

Example 

During a company-wide layoff, this employee was one of 20 that got laid off. For the past year, the employer hinted the employee should retire earlier and asked questions like: What are your plans for the future?

There was also mention that the company needed to undergo some changes to boost revenue. After the layoff, the employee discovered that the company hired a 41-year-old as a replacement. That was after getting told the position would get eliminated.

Below, we provide insight into how a Los Angeles workplace lawyer would recommend you handle the situation.

In The End, The New Employee’s Age Doesn’t Matter 

Under federal and California law, any employee over the age of 40 has a legal right to file an age discrimination claim. If you were in your 30s and replaced by a younger worker, you would not be eligible for protection per the Age Discrimination in Employment Act (ADEA) and Fair Employment and Housing Act (FEHA).

Whether you are 57 or 83, you can retain a LA age discrimination lawyer to hold your employer accountable for ageist behavior. As long as the replacement is younger than you, you should have a strong case. Additionally, if your employer made comments insinuating you would get let go and the company would not re-fulfill the role you held, make sure to have documentation to defend your claim.

Hints of Age Discrimination

Did your boss make comments before you got laid off? Before a mass company decision, these comments are indicators that you might get fired because of your age. Any attorney for ageist behavior in LA would help you establish a strong case before going to HR and possibly the Equal Employment Opportunity Commission (EEOC) to investigate the adverse treatment. The sole fact that your role got re-created and you got replaced by a younger worker is enough proof.

An age discrimination attorney in LA will also consider your circumstances if you received a severance package. When employees who lose their jobs get offered severance, companies may require them to sign a waiver to give up their legal rights to sue the company. Because it’s legally binding after 21 days, that could hurt your chances to pursue compensation for age discrimination.

Always consult with a skilled lawyer first before signing any documents or filing any claims. Each step you take will have a long-term impact on your career.

About Mann & Elias

The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems.

When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we believe our success is rooted in:

  • 50+ years of trial experience
  • Excellent advocacy skills
  • Intense preparation and research
  • Quality care

Since our partnership began over 20 years ago, we have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.

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