If you are 40 or older and something at work suddenly changed, your schedule, your pay, your role, your performance reviews, or your job itself, it is normal to feel blindsided. Age discrimination often shows up the same way. A once solid employee is labeled “not a fit,” pushed out during a “restructure,” or quietly replaced by someone younger after a manager starts making comments about “energy,” “fresh ideas,” or “keeping up with technology.”
At West Coast Employment Lawyers, we represent workers across Los Angeles and California in age discrimination claims. We build cases that are ready to win, not just settle, and we do it with a clear plan, strong evidence, and trial-ready pressure.
If you suspect you were targeted because of your age, you do not need to have perfect proof before talking to a lawyer. You need someone who knows what evidence matters, what deadlines apply, and how to protect you from retaliation.
Why Choose West Coast Employment Lawyers
When your career is on the line, you want a Los Angeles age discrimination lawyer who is built for high-stakes cases and ready to take the fight as far as it needs to go. Clients come to us because they want a team that prepares every case like it could be tried, and that level of preparation is what creates real leverage. Here is what sets us apart:
- Best-in-class leadership and credentials: Our team includes attorneys with Harvard Law School training and leadership by a former federal prosecutor.
- Proven results against powerful opponents: We have taken on the world’s largest corporations and won.
- Client-first access from day one: You can speak to a lawyer on your first call, and you get direct access to your attorney as your case moves forward.
- Built to litigate, not just negotiate: We have our own in-house trial team, so your employer knows we are prepared to escalate when that is what it takes.
- Trusted by major media: Our legal analysis has been relied on by major news organizations, including Fox News, CNN, and BBC.
If you are being pushed out, sidelined, or targeted because of age in Los Angeles or the surrounding counties, you deserve a team that moves with urgency, stays strategic, and treats your case like it matters.
Call 213-927-3700 or fill out our free consultation form today and let our experienced age discrimination lawyers fight for your rights.
What Counts as Age Discrimination at Work?
Age discrimination happens when an employer treats you unfavorably and your age is a motivating reason for the decision. It is not limited to one type of workplace or one kind of employee. It can happen to executives, hourly workers, union employees, and professionals.
Common examples include:
- Not getting hired after an interview that goes well until age comes up
- Being passed over for promotions you clearly earned
- Being pushed out after a new manager arrives and “wants a younger team”
- Getting demoted or stripped of responsibilities without a legitimate reason
- Losing pay, commissions, hours, or desirable shifts
- Being forced onto a Performance Improvement Plan that does not match your history
- Getting targeted during a layoff even though younger employees with similar performance are kept
- Age-related comments tied to termination, training, or job changes
California specifically recognizes that workers aged 40 and older can face age-related stereotypes and bias, and it provides protections against this type of discrimination.
The Laws That Protect Workers in California
California FEHA protections
California’s Fair Employment and Housing Act, often called FEHA, is one of the strongest workplace civil rights laws in the country. It applies to public and private employers, labor organizations, and employment agencies, and it generally covers employers with five or more employees.
If your employer is covered, FEHA makes it illegal to discriminate against you based on age and it also protects you from retaliation if you assert your rights.
Federal ADEA protections
Federal law also protects workers 40 and older through the Age Discrimination in Employment Act, often called the ADEA. The ADEA generally applies to private employers with 20 or more employees, as well as federal, state, and local government employers, with some limits on suing certain government entities.
A skilled Los Angeles age discrimination lawyer will look at both state and federal options and choose the approach that best supports your goals, your damages, and your timeline. Read our blog on 11 California Labor Laws Every Worker Should Know
Common Examples of Age Discrimination
You do not need a “smoking gun” email that says you were fired for being older. Many cases are proven through patterns and contradictions. Evidence can include:
- Age-related comments, jokes, or repeated retirement questions
- A younger replacement, or shifting your work to younger coworkers
- Sudden discipline that does not match your track record
- Different rules applied to you versus younger employees
- Changes to your territory, schedule, commission structure, or duties that harm you
- Layoff selection criteria that disproportionately remove older workers
- Written communications, texts, Slack messages, meeting notes, and witness testimony
When we evaluate a case, we look for the story behind the paperwork. Who made the decision? When the narrative changed. What was said. What was done? And whether the employer’s reason holds up when you line it up against the timeline.
How Age Discrimination Can Show up in the Workplace
In Los Angeles and nearby counties, age discrimination often comes packaged as something else. Employers rarely say “you are too old.” Instead, they create a paper trail that tries to justify the decision. Some other common patterns we see:
“Culture Fit” and Coded Language
Words like “culture fit,” “fresh energy,” “digital native,” “new generation,” or “we need someone more adaptable” can be used to mask age bias. Even when the employer uses softer language, the question is whether age is driving the decision.
The Sudden Rewrite of Your Job
A common move is to change the job description midstream, add requirements you were never asked to meet, then claim you “cannot perform.” If the changes align with pushing older workers out, that matters.
Performance Reviews That Do Not Match Your History
If you have years of strong performance and suddenly receive negative reviews after a new supervisor arrives or after you disclose your age, retirement plans, or health needs, it can be a sign that the employer is building a termination narrative.
PIPs Used as an Exit Ramp
A Performance Improvement Plan is not always illegal, but it can become evidence when it is inconsistent, unrealistic, or clearly designed to force you out.
Age Discrimination in Hiring
Age discrimination can happen before you are ever employed, especially when employers screen applicants using graduation dates, long “experience” histories, or assumptions about salary and longevity. California protects job applicants as well as employees.
When Do Layoffs and Restructures Cross the Line
Reductions in force are a common setting for age discrimination. Employers often assume they will be protected if they call it a “restructure,” but that is not the end of the analysis. Red flags in layoff cases include:
- Older workers selected at higher rates than younger workers
- Subjective scoring that rewards “future potential” or “adaptability” without objective measures
- Eliminating roles held by older workers, then reposting similar roles later
- Keeping younger employees with similar performance or less seniority
- Offering severance only if you sign a release, especially if you are pressured to sign quickly
Severance Agreements and Age Discrimination Waivers
If you are 40 or older, federal law sets rules for waivers of age discrimination claims in severance agreements. A valid waiver must meet specific standards, including written advice to consult an attorney, and required consideration and revocation periods in many situations.
If your employer is offering severance, treat it like a legal document, not a formality. The wrong signature can limit your options.
When Does Age Harassment Create a Hostile Work Environment
When there are consistent demeaning patterns of age harassment in the workplace, that is when it creates an abusive or hostile work environment that interferes with your ability to do your job. Examples can include:
- Mocking comments about age, appearance, or “slowing down”
- Regular retirement pressure or jokes about being “too old”
- Humiliating remarks about technology skills or “keeping up”
- Isolating you from meetings, training, or key projects
- Encouraging younger employees to treat you as replaceable
If harassment is coming from management, the employer’s exposure often increases. However, many workers stay quiet because they fear retaliation such as termination, demotion, pay cuts, isolation, or increased number of write ups.
As California law prohibits employers from retaliating against employees for asserting their rights, if you reported discrimination or opposed unfair practices and the employer punished you for it, you may file a separate workplace retaliation claim.
What Damages Can You Recover in an Age Discrimination Case?
Every case is different, but an age discrimination claim can seek compensation for what the discrimination cost you financially and personally.
Potential remedies may include financial losses such as back pay, lost wages, lost benefits/bonuses to actionable job-related remedies such as reinstatement, promotion, and even company wide policy changes as part of settlement terms.
Additional Damages Under State and Federal Law
Under federal law, the Equal Employment Opportunity Commission explains that liquidated damages may be available in certain cases, and can be equal to the amount of back pay awarded, depending on the claim.
California claims can also allow broader categories of recovery in many situations, including compensation tied to the personal impact of discrimination, and in some cases punitive damages, depending on the facts and legal standards.
How Long Do You Have to File an Age Discrimination Claim?
Deadlines matter, and they are one of the biggest reasons people lose strong cases. For employment discrimination cases in California, you generally must submit an intake form to the California Civil Rights Department within three years of the date you were last harmed.
If you want to go straight to court, CRD explains that you still must obtain a Right-to-Sue notice before filing a lawsuit in employment cases. After a Right-to-Sue notice is issued, California law sets a separate deadline to file in court, commonly described as one year from the date of the notice under Government Code section 12965.
What to Do if You Think You Are Facing Age Discrimination
You do not need to do everything at once, however you do need to take actionable steps to protect yourself in order to ensure that justice is served. Here is a practical step-by-step approach:
- Write Down the Timeline While It Is Fresh- Include dates, who said what, who attended meetings, and what changed.
- 2) Preserve Evidence- Save performance reviews, job descriptions, schedules, commission statements, emails, texts, and messages that show what happened. If company policy allows, forward copies of non-confidential communications to a personal account, or take clear screenshots. Do not take trade secrets or protected client data.
- 3) Identify Witnesses- Coworkers who heard comments or saw how you were treated can matter later, even if they are hesitant now.
- 4) Do Not Sign Severance Quickly- If you are being asked to sign a release and you are 40 or older, specific waiver rules may apply, and signing can affect your rights.
- 5) Consider Requesting Your Personnel File- California law gives current and former employees the right to inspect and receive copies of personnel records tied to performance and grievances, and the state explains there are response timelines after a written request.
- 6) Talk to an Employment Lawyer Before Things Escalate- A lawyer can help you choose the safest next move, including how to complain internally, how to respond to discipline, and how to avoid steps that employers later try to use against you.
How WCEL Builds an Age Discrimination Case That Is Ready to Win
Winning age discrimination cases requires more than quoting statutes. Employers defend these claims aggressively. They point to performance, “business needs,” and restructuring. We respond with evidence and pressure.
Our approach typically includes:
- A full timeline audit of events, communications, and decision makers
- Comparator analysis, how younger employees were treated in similar situations
- Review of performance history versus sudden discipline
- Hiring, layoff, and replacement tracking
- Damages documentation, wages, benefits, bonus history, future earning impact
- Strategy for CRD and EEOC filings when needed, aligned with deadlines
We do not build cookie-cutter claims. We build cases that stand up to scrutiny.
Talk to Our Experienced Age Discrimination Lawyers Today
If you believe your employer pushed you out, blocked your growth, or punished you because of your age, you deserve a clear answer and a plan. A conversation with a Los Angeles age discrimination lawyer can help you understand your options, your deadlines, and the smartest next step.
Call 213-927-3700 or fill out our free consultation form today and let our experienced age discrimination lawyers explain your legal options and fight for your rights.
Frequently Asked Questions About Age Discrimination Claims
What if My Employer Says I Was “Too Expensive”?
Cost explanations can sometimes be a proxy for age, especially if the employer ties compensation, benefits, or “tenure” to older workers as a group. However, the details in these types of situations matter because if there is a pattern where all of the older employees are let go for the same reason then it may serve as grounds as age discrimination.
What if I Was Replaced by Someone Only Slightly Younger?
A replacement does not have to be decades younger for age bias to exist. Patterns, comments, and the decision process matter in these types of situations.
Can Independent Contractors Bring Age Discrimination Claims?
Classification does matter if an independent contractor is being mistreated due to their age. While some protections apply differently depending on whether you are an employee, contractor, or temp worker, an experienced age discrimination lawyer can evaluate the relationship and the controlling entity.
I Want to Keep My Job. Can I Still Take Action?
In many cases, it is possible for people to retain their positions after filing a claim against their employer. However, depending on the nature and severity of the case, recoverable damages will vary, but a skilled employment attorney will do everything they can to fight for what their clients want.
Do I Have to Be Fired to Have an Age Discrimination Case?
No, because demotions, pay cuts, reduced hours, forced transfers, and hostile treatment that changes the terms of your job can qualify.
What if My Employer Calls It a “Layoff” or “Reorganization”?
Layoffs can still be discriminatory if older workers are disproportionately selected, targeted, or scored out using subjective criteria.
How Long Do I Have to Act?
In California employment cases, you generally must submit an intake form to the California Civil Rights Department within three years of the last harm. Federal deadlines can be shorter and have different rules..
