WHO IS PROTECTED FROM AGE DISCRIMINATION?
California law prohibits employers from using an employee’s age - so long as the employee is 40 years-old or older - as a basis for employment decisions. Examples of age discrimination include:
- Subtle or overtly ageist comments;
- Limiting a job search to employees of a certain age;
- Replacing older workers with younger workers;
- Not promoting or training older workers; and
- Choosing older workers to be in included in a layoff.
WHAT IF YOU are over 40 years-old and your employer OFFERs you A SEVERANCE AGREEMENT?
California law requires that before an employee 40 years or older signs a severance agreement, the employee has right to consult an attorney and has at least 21 days to consider the agreement before signing it. The employee also has 7 days after signing a severance agreement to revoke it.
WHAT ARE YOU ENTITLED TO RECOVER IN AN AGE DISCRIMINATION CASE?
All lost wages, income, earnings or salary you lost, and will lose in the future, as the result of the discriminatory conduct
Monetary compensation for your past and future mental suffering, inconvenience, anxiety, humiliation, and emotional distress
- Punitive damages to deter your employer from engaging in similar conduct in the future
Brock & Gonzales, LLP specializes in age discrimination cases. If you feel you have been discriminated against on account of your age, contact us to set up a free consultation.