Q: Two questions: First, I worked six years for a company and exceeded the goals set for me. I am 63 years old. To my complete surprise, I was called into the supervisor’s office, and told the company is having financial issues and am being let go. There is a severance “package” offered if I sign a release, which is multiple pages of legalese. I have learned that six others were let go, so a total of seven being terminated, all of whom are older than 50. Is this age discrimination?
E.R. Cerritos
A: In California, employees are protected against age discrimination by two main sets of laws: The federal Age Discrimination in Employment Act, and the California Fair Employment and Housing Act. Under both laws, it is illegal for employers to discriminate against employees older than 40 because of their age.
In your situation, the fact all being let go are older than 50 raises at least a pink flag. The employer indicates the terminations are for economic reasons. Perhaps you and the others have a higher salary than younger employees. The use of salary as a basis for differentiating between employees, however, can be age discrimination if it adversely impacts older workers as a group. Also, have there been any other circumstances that suggest age discrimination is occurring? In the past, for example, were there any jokes or derogatory remarks about your age (or the age of others)? Is there a pattern with layoffs related to older folks? Is a younger person filling your job?
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