I don't need more info. Communications that are not Answers, are simply called "info Requests" by the website operator.
Under the California Fair Employment and Housing Act, age discrimination occurs where the following elements are proved by the employee:
- "at the time of the adverse action he or she was 40 years of age or older,
- "an adverse employment action was taken against the employee,
- "at the time of the adverse action the employee was satisfactorily performing his or her job and
- "the employee was replaced in his position by a significantly younger person." Hersant v. California Dept. of Social Services (1997) 57 Cal.App.4th 997, 1002-1003.
However, where the employer's reason for downsizing is undisputed (i.e., there is proof of adverse economic conditions actually affecting the employer's ability to maintain the present workforce), the employer may have a valid defense. See Guz v. Bechtel Nat'l, Inc. (2000) 24 Cal.4th 317 at 367.
In plain English, if you are being replaced by a significantly younger worker, and the employer is not actually suffering a large downturn in business, necessitating a large reorganization, then you probably have an age discrimination action.
Much of this must be discovered, i.e., employer's accounting records, etc. But, that's part of the litigation process. You can file a complaint with the Department of Fair Employment and Housing,
or you can hire a private lawyer
and let him/her sue on your behalf (and/or, try to negotiate a settlement).
Or, you can sign the severance agreement. Most such agreements are fairly standard "boilerplate." If you sign, you get money, and you waive your right to sue.
However, if you agree to resign/retire, then you are also barred from receiving unemployment benefits. So, be careful about this, because in my view, it may be intended to trick you, so that the employer's cost of eliminating employees is substantially reduced.
Hope this helps.
NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.
And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!