

For example, if Beth, 43-years old, worked as a receptionist for a talent agency and was let go from her position. If you were qualified for the position but were fired anyway, this could demonstrate you were fired because of your age and for no other reason. Joe may still have a claim, but his claim is stronger in the first scenario because there is evidence to support an inference that he was fired because of his age. Although Joe’s replacement is still younger than he is, the age gap is not as significant as the one between him and the 27-year-old replacement. Alternatively, let’s say instead of Joe being replaced by the 27 year-old, he was fired and replaced by a 39-year old.

Based on this set of facts, Joe could potentially prove that he was fired based on his age. His employer fired him without reason and replaced him shortly after with a 27-year-old woman with the same if not less experience than Joe. For example, Joe, a 52-year-old car salesman, worked for 13 years at a dealership. So the bigger the age gap, the more likely it is that you can prove you were terminated based on your age.

Specifically, the significance in age difference is the giveaway that you were discriminated against. If age, specifically age 40 or older is in fact raised in the decision to terminate an employee, that is perhaps sufficient to establish age discrimination.Īmongst other facts, a key sign that you were fired based on your age would be if your replacement was younger than you. But, an employee who was fired because of age and they are 40 years of age or older, that set of facts does give rise to a potential age discrimination claim. In other words, employees who are 40-years-old or older do not have automatic special status that is protected by the law. Keep in mind though, the age of 40 and older is not sufficient to protected age discrimination. Discrimination laws in the state do protect certain classes of individuals as well as particular characteristics an individual may possess and age is protected for employees and applicants who are 40 years of age. Employment laws in California forbid discrimination from taking place in the workplace. If you’re 40-years-old or older, that ticks an initial box in determining if you can sue your old boss for discrimination, but it’s not that simple.

#Another word for you got fired full#
As of 2017, the average amount of years a person lives in full health in the United States is 79 and the average working American retires at age 66.
