Posted On: June 27, 2009 by Greenberg & Rudman

HAVE YOU LOST YOUR JOB BECAUSE OF YOUR AGE? IF YOU ARE OVER 40 YOU MAY BE A VICTIM OF AGE DISCRIMINATION

Are you over 40 years old? Have you recently been replaced by a younger worker? You may have been a victim of age discrimination. If you are over 40 years old, discriminating on the base of age is illegal under the Age Discrimination in Employment Act and the California Fair Employment and Housing Act. If you think that you have been discriminated against on the basis of age, you must know that these regulations only apply to workers over 40 years. If you were fired at 39, you are not protected from age discrimination.

However, just because you were over 40 and fired does not mean that you have faced age discrimination. In some cases, employers offer people “golden handshakes.” These are packages that are given to workers who agree to take an early retirement. “Gold handshakes” are not age discrimination unless you can prove that the employer was trying to get rid of older workers simply because of their age. It is also important to note that it is not illegal to replace high-paid workers with lower paid workers. However, this may mean replacing older, more experienced (and therefore higher paid) workers with inexperienced, and younger employees.

Ageism6.jpg If you believe you have been a victim of age discrimination, know you are not alone. This type of discrimination is sadly not uncommon to the workforce in California. If you think that you may have a claim against your boss, contact the highly skilled attorneys at Greenberg & Rudman LLP. We are here to help you! You call us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.