top of page

Can I Be Fired For Being Too Old In California?

Updated: Nov 7, 2022

What You Need To Know About Age-Motivated Wrongful Termination In California

In punishing work cultures, older employees are often made to feel like they're not productive enough. Conversely, younger employees are perceived to be better at handling more work, have fewer family responsibilities, and are far much healthier than their over-40 counterparts.

That said, California employment law deters shady employers who favor their younger employees over older ones. In addition, it protects employees over 40 from discrimination, harassment, retaliation, and wrongful termination in California.


Can You Be Fired Based On Age In California?

No. Employers are not permitted to carry out this practice because of the Age Discrimination in Employment Act of 1967 (ADEA). Most jobs don't have an age restriction, but some do. In California, discrimination based on age is prohibited for those who are 40 years of age or older.


Employers with 20 or more employees are not permitted to discriminate against older workers, according to ADEA.

What Is Employment Discrimination In California Law?

An employee's age is considered a protected attribute. So, for example, if you are over 40, your boss cannot make employment decisions that discriminate against your protected attribute in California.


This also applies to other protected attributes like gender, race, national origin, marital status, etc. If you suffered workplace discrimination of any kind, contact a prescreened California employment lawyer to assist you.



What Are Examples Of Age Discrimination In California?


Age-based discrimination in California frequently manifests itself in the following ways:

  • Firing an employee for being over 40

  • Deciding against hiring a candidate due to their age

  • Letting an employee go due to their age

  • A worker was demoted due to their age

  • Age restrictions are mentioned in job postings

  • Corporate policies that have a discriminatory effect, such as not hiring applicants with more than 15 years of experience

  • Reducing a person's compensation due to their advanced age

  • Refusing to provide applicants with benefits (such as a 401k or health insurance) because of their age

That said, discrimination in the workplace isn't limited to these examples. Discrimination and harassment can happen in several ways, after all.

If you're unsure whether your case falls unde


r employment discrimination laws in California, consult with a Los Angeles employment law attorney ASAP. They'll know what to do and can help you build a strong claim.


Do I Have An Age-Discrimination Wrongful Termination Claim In California?


As mentioned, employees cannot be fired for their age and other protected attributes. However, if an employer does, an aggrieved employee can report it and contact a California wrongful termination lawyer to help them.

That said, no employer will admit to firing you for discriminatory reasons. There are repercussions, after all. When this happens, you and your labor law attorney in Los Angeles should work to find evidence to prove your claim.

The evidence you might need includes the following:

  • Employment documents, like contracts, pay slips, records, etc.

  • Communications, like emails, chat messages, texts, etc.

  • Witness testimonies

Your California wrongful termination lawyer can help you gather evidence, request your documents, meet deadlines, and represent you in court.



As a civil suit, you can claim damages for the losses you've incurred because of the wrongful termination in California. You can be awarded any of the following damages:

  • Economic damages, like lost income and benefits

  • Non-economic damages, such as emotional distress and pain-and-suffering

  • Punitive damages, additional fine to deter the employer and others from doing the same thing again

If you have a strong case, you and your Los Angeles wrongful termination lawyer might compel your employer into an out-of-court settlement. A settlement could mean this would be over much quicker than it would if things were taken to a judge.


california age discrimination lawyer


1000Attorneys is a lawyer referral service certified by the state bar of California. We only give clients referrals to prescreened employment law attorneys, ensuring you get experienced, trusted, and discipline-free legal counsel. Click here for a FREE CASE REVIEW.

California State Bar Certified Lawyer Referral And Information Service

Welcome to 1000Attorneys.com, a Lawyer Referral and Information Service certified and approved by the California State Bar.

"Our commitment is to provide you with unbiased and impartial lawyer referrals."

 

Unlike other services, we maintain complete independence from the lawyers receiving these referrals, ensuring transparency and fairness.

While we specialize in California employment law and personal injury claims, we offer our referral services for various other legal areas.

 

At 1000Attorneys.com, we aim to ensure you are connected with best California attorney near you who can provide comprehensive and exceptional representation for your specific legal needs.

 

We understand that every legal situation is unique and are dedicated to finding the best match for you.

 

With our extensive network of attorneys, we strive to deliver outstanding legal support and guidance tailored to your individual requirements.

At 1000Attorneys.com, we hold California attorneys to the highest standards of professional conduct.

 

Your satisfaction and confidence in the legal representation you receive are paramount to us.

 

Rest assured that when you engage in our services, you can expect nothing less than exceptional legal support and guidance.

Why Lawyer Referrals Matter

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We conduct due diligence by researching and recommending the best local attorney for your case. 

 

Our team of experts verifies that attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

Learn more about attorney discipline here.

 

Our History 

 

Since 2005, we have been dedicated to helping individuals find reliable legal representation in California.

 

We understand the challenges people face when trying to locate reputable lawyers, especially when inundated with self-promoting advertisements and biased marketing from law firms.

 

At our service, we strive to cut through the noise and provide a trustworthy and unbiased platform for connecting individuals with reputable California lawyers.

 

Our clients receive quality legal representation without the frustration and uncertainty often associated with legal advertising. ​

 

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes. 

 

A free 30 minute consultation with the attorney will be offered to each referred client. 

A representative will follow up a few days later via email with the client after receiving a referral for quality management purposes, or to obtain the status of the case. 

About lawyers from our network


California lawyers in our network are insured, in good standing with the California State Bar, and have substantial experience in their practice area.

 

Attorneys are available in most areas of law throughout Southern California. Every lawyer in or network has been vetted for:

  • Credentials

  • Education

  • Communication skills

  • Performance

  • Client reviews

  • Fair legal fees

  • Continuing education

  • Professional affiliations

Additionally, we conduct criminal  background checks and attorneys are always monitored by our service.  

How to find the best lawyer for your legal case: 

1. The fastest way to have your legal issue reviewed by one of our attorneys is to send your details online.

 

Your information will go directly to our 24 hour legal department bypassing our call center. You will get a reply via email within 15 minutes. 

2. You may also inquire about your legal issue via email. We respond to email inquiries within 24 hours M-F. 

3. By calling our lawyer referral hotline 661-310-7999. However, our agents are not attorneys and cannot provide legal advice. Due to high call volumes, it's highly recommended that you use option # 1 above. 

 

Simple Retro Handyman Service Badge Logo-2.png
Best Lawyers Near Los Angeles
bottom of page