Layoffs are often framed as unavoidable business decisions—but what happens when a company consistently eliminates older employees while retaining younger, less experienced staff? If you’re over 40 and were recently laid off, you may be the victim of age discrimination.
At PLBH, we’ve helped workers across Southern California hold employers accountable for discriminatory layoff practices. Here’s how to recognize age-based discrimination and what steps to take if you believe your rights have been violated.
When Layoffs Cross the Line Into Discrimination
While employers do have the right to reorganize or reduce staff, they cannot base layoff decisions on a protected characteristic like age. Under both California and federal law, age is a protected category once a worker turns 40.
Signs your layoff may have been discriminatory include:
- Only older workers were laid off while younger, less experienced employees kept their jobs
- You were replaced by someone significantly younger
- Comments were made about retirement, slowing down, or being “too expensive”
- Your performance reviews were positive, yet you were let go while others with performance issues remained
- Layoffs coincided with your eligibility for pension, retirement benefits, or seniority-related compensation
If any of these scenarios sound familiar, you may have a legal claim for age discrimination.
Laws That Protect Older Workers
Several laws protect you from being targeted due to your age:
Age Discrimination in Employment Act (ADEA)
- Protects employees 40 and older from discrimination in hiring, firing, promotions, and layoffs
- Applies to employers with 20 or more employees
California Fair Employment and Housing Act (FEHA)
- Offers even broader protection at the state level
- Applies to employers with 5 or more employees
- Allows for emotional distress damages and punitive damages
These laws prohibit employers from using age as a factor in layoff decisions and require companies to show that any layoffs were based on legitimate, non-discriminatory reasons.
How to Build a Case for Age Discrimination
If you suspect your layoff was tied to your age, it’s important to act quickly and gather evidence to support your claim.
Steps you should take:
- Request a written explanation for your layoff
- Save all related emails or HR communications
- Compare who was laid off vs. who was retained
- Document any age-related comments made by supervisors or coworkers
- Collect your performance reviews and metrics to show you met or exceeded expectations
- Connect with coworkers who may have been laid off under similar circumstances
The more documentation you have showing a pattern or bias, the stronger your claim will be.
Severance Agreements and Waivers
Many companies offer severance packages during layoffs that include a waiver of legal claims. If you’re over 40, federal law requires that you be given:
- At least 21 days to review the agreement (or 45 days in group layoffs)
- 7 days to revoke the agreement after signing
Do not sign anything without having it reviewed by an employment attorney. Waiving your rights without understanding the implications could prevent you from pursuing compensation.
Speak With an Attorney Before It’s Too Late
Age discrimination is often subtle, but its consequences are life-changing. If you were laid off while younger employees were retained—or replaced by someone much younger—you may be entitled to lost wages, emotional damages, and more.
Call PLBH at (800) 435-7542 for a free, confidential consultation. We’ll evaluate your case and help you take the next steps toward justice. You’ve earned your place in the workforce—don’t let age bias push you out.