May 26, 2018

Even though employers in Riverside and all across California have their favorite (and not-so-obvious) ways of getting rid of older employees, they all constitute age discrimination and are prohibited by law. Sadly, not many people in California realize this.

We invited our Riverside workplace discrimination attorney from the JML Law to outline how thousands of employers all across California get away with wrongful termination and age discrimination every year. If you have recently been fired and are over 40, look for the following signs of age discrimination to determine whether your employer got rid of you for unlawful reasons.

Limiting job duties. Some employers do not even need to fire older employees, as they choose to quit voluntarily. Cutting job duties and hours as well as limiting an employee’s authority in the workplace are one of the most common ways to force older employees out.

Job elimination. Elimination of the job may seem like the most believable way to get rid of an older worker, but any experienced discrimination attorney in Riverside or elsewhere in California will tell you that it is actually quite obvious that you simply are being fired because of your age. You may be entitled to file a discrimination claim against your employer if the company is not really eliminating the job (you have evidence that the company is hiring new, younger people to replace you), is simply changed the title, or some younger employee was put instead of you after your firing.

You are suddenly not a good employee anymore. If you used to have good performance reviews for years – while being young – but you have recently been getting unsatisfactory performance reviews for no reason, your employer may be trying to lay the groundwork for your firing to make it look lawful. But if you are working just as hard as before, you most likely have a discrimination lawsuit on your hands.

Early retirement. Some employers choose to be overly nice about how they get rid of older employees. And one ways of doing it is by offering a tempting package that includes incentives to take early retirement. While in no way does it mean that all early retirement packages are discriminatory, most of them are.

Mandatory retirement age. Under California anti-discrimination and anti-harassment laws, there can be no such thing as “mandatory retirement age,” say our best discrimination attorneys in Riverside and elsewhere in California. Although there are exceptions for firefighters and law enforcement, setting mandatory retirement age most likely constitutes age discrimination.

Isolation. Another way of forcing older workers out is by isolating them and making them feel unworthy. Among other things, this tactic may work if employers keep excluding older workers from important meetings, not inviting them to lunches and events, putting them in a cubicle far from the center stage of the workplace, and other.

Denying promotions. Your employer may have thousands of reasons why you were denied a promotion, but if you consider yourself an older worker and a younger co-worker were promoted instead of you, it may be because you are being discriminated against on the basis of your age.

To know for sure, it is highly advised to speak to a Riverside discrimination attorney at the JML Law. Consult with our lawyers by calling our offices at 818-610-8800 or send us an email to get a free consultation.