Wrongful Termination Based on Age
According to both federal and state law, it is illegal in California for employers to discriminate based on age. Despite this, age discrimination in the workplace occurs all too often. Such discrimination takes a number of forms. A common way that employers discriminate based on age is terminating older employees simply because they have reached a certain age. If an employer fires and employee because of his or her age, that employer would have committed an illegal act of workplace age discrimination. Employers who discriminate based on age face serious financial consequences such as fines, penalties, and being required to pay damages to the victims of their discriminatory actions. If you are in need of an employment lawyer because you believe you were wrongfully terminated because due to your age, it is important that you immediately contact an experienced Los Angeles Wrongful Termination Based on Age Lawyer who will make sure your employer is held accountable for his or her discriminatory actions.
Applicable California and Federal LawsUnder California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, employers are prohibited from discriminating against employees based on a number of individual attributes including age. This prohibition applies to a number of work-related actions including termination. FEHA only applies to employers with at least 5 employees, and is enforced by California's Department of Fair Employment and Housing.
Similarly, the Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees and applicants based on age. It applies to employees and applicants who are 40 years of age or older, and applies to places of business who have at least 20 or more employees. ADEA is enforced by the U.S. Equal Employment Opportunity Commission.
Pursuing a Wrongful Termination ClaimIf you believe that you were wrongfully terminated based on your age, you have the right to file a claim under federal or state law. You may be entitled to damages in the form of compensation, including lost pay, lost benefits and punitive damages.
- Lost pay. Lost pay is the amount of money you would have been paid if had you not been wrongfully terminated. This amount may include your base pay as well as overtime, cost-of-living increases, merit raises, and tips.
- Lost benefits. This includes the value of medical and dental insurance, as well as the value of participation in pension plans, profit-sharing plans and 401(k) plans.
- Punitive damages. This is an additional amount that the court may order the employer to pay in cases where the employers’ actions were particularly egregious.
For example, in EEOC v. Trinity Protection Services, Inc., the EEOC file a claim against 73-year old William Clark’s former employer Trinity Protection Services. Clark and 4 other employees were relieved from duty when they failed their arms requalification test. They were told that they could try to requalify in 6 months. However, a month later Trinity called back the three people who were age 50 or under. Clark and another employee who was 66 were not called back. Clark was awarded $42,000.
Keep in mind that it is important to proceed quickly with your claim, as discrimination claims are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. In the case of a California discrimination claim, the amount of time depends on whether the claim is brought under California’s Fair Employment and Housing Act or Title VII of the federal Civil Rights Act. Under Title VII, the statute of limitations is normally 180 days after date of the discriminatory act. If the employee chooses instead to pursue remedies under FEHA, a complaint must be filed with the Department of Fair Employment and Housing within one-year of the alleged discriminatory act. Failure to timely file a claim will may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.
Los Angeles Wrongful Termination Based on Age LawyerIf you are the victim of wrongful termination, harassment, or discrimination in the workplace based on your age, you should discuss the specifics of your case with an experienced employment lawyer right away. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients who have claims against their employers for vacation pay, wage-and-hour claims, and other employment-related issues. Keep in mind that there are time limits for filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.