Age Discrimination in Los Angeles Layoffs: What to Check if You’re 40 or Older

In a layoff meeting, HR may say your job was eliminated and hand you a severance packet. A week later, you learn that several colleagues are doing pieces of your old job. If you suspect age discrimination in layoffs at your Los Angeles workplace, the first question is who the company considered for the cut. The next is how it chose among them.

A reorganization can be real and still raise questions about the way managers selected people. Start with the duties that survived, the criteria the company used, and any age information it gave you with the severance agreement.

When can age discrimination in layoffs violate California law?

California’s Fair Employment and Housing Act generally protects employees age 40 and older from age discrimination at employers with five or more employees. The federal Age Discrimination in Employment Act, or ADEA, also protects workers age 40 and older and generally applies to private employers with at least 20 employees. Other coverage rules apply in some settings. The California Civil Rights Department’s age discrimination guide explains the state protections. Our Los Angeles age discrimination lawyers explain the kinds of workplace decisions that can raise a claim.

Employers can cut costs, close a location or merge teams. The selection decision deserves a closer look when the facts suggest that age influenced who lost a job. A reference to “fresh energy” may mean little in isolation. It carries more weight if someone who helped choose the layoffs repeatedly used the phrase about younger employees or assumed that older staff would resist new tools.

Compare the work people did before and after the cut

Imagine a Mid-City production company combines two client teams. A 56-year-old account lead loses her job. A 38-year-old lead keeps his, takes over most of her accounts and receives the same approval authority she held. HR cites software skills, but the older lead had completed the same certification and had trained the other team on the system. This hypothetical example raises questions about the selection criteria and how managers applied them.

Change two facts and the picture may look different. If the company shut down an entire client program and retained people on unrelated accounts with different duties, comparing everyone with an “account lead” title could mislead you. Compare actual responsibilities, reporting lines, relevant skills and performance measures before drawing a conclusion.

• Selection pool. Who was eligible for the cut? Write down the team, location, level or set of roles that appears to have been considered.
• Scoring criteria. What did the company say mattered? Look for evaluation dates and records of the criteria, especially if a manager changed the scoring late in the process.
• Work that stayed. Note which duties shifted, who took them over and what you personally know. Preserve relevant public job postings with their dates.
• What decision-makers said. Record the words, date, speaker and audience. Distinguish firsthand observations from things someone else told you.

A younger coworker staying on the payroll is one piece of the picture. Even a coworker who is also over 40 can be substantially younger. The circumstances matter, including how closely the roles matched. Our guide to evidence patterns in California termination cases shows how timing, job duties and changing explanations can fit together.

What group severance disclosures can show about age discrimination in layoffs

Look for a separate attachment listing job titles and ages. Under the Older Workers Benefit Protection Act, an employer seeking a federal ADEA waiver in a covered group termination or exit incentive program must give eligible workers written information about the group considered, eligibility factors and time limits. It must also provide job titles and ages for the people selected or eligible and age information for relevant people who were not selected or eligible. The EEOC’s severance waiver guide explains what the disclosure covers.

The disclosure may call the pool a “decisional unit.” Think of it as the group the company actually used to make the selections. Start with the stated pool and compare people who did similar work. Eight older workers losing their jobs can mean different things if the pool had nine older workers or ninety. A small group, a missing job category or several different roles may limit what you can tell from the list.

Keep the attachment and the email that came with it. If you received a waiver without a list, ask for the complete packet and note the date you requested it. An incomplete disclosure can raise questions about the federal age waiver. The discrimination claim and the effect on other parts of the agreement require their own review.

Check the severance clock and the filing clock separately

For a typical federal ADEA waiver, the employer must provide at least 21 days to consider an individual offer, or at least 45 days for a covered group program. The worker must also get seven days after signing to revoke the waiver. Other requirements apply, including written advice to consult an attorney and consideration beyond what the worker is already owed. These federal waiver rules address release of ADEA claims.

Agency deadlines run separately. For state employment discrimination claims, the California Civil Rights Department generally requires an intake within three years of the last harm. Federal filing deadlines can be much shorter and different rules can apply to public employees. Check the EEOC’s filing deadlines promptly. Track the day you learned of the layoff, the last day you worked and when you received the agreement. Each can matter for a different purpose.

What to save before seeking a review

For a broader checklist, see our guide to what to do after losing your job in California. Keep the full severance packet, selection disclosure, notice of termination and any versions of your job description or performance reviews you lawfully have. If the employer cited a lack of training, California’s personnel-records rules may help you request records it keeps about your training. See our guide to requesting personnel records after a performance-plan firing for a sample request. Avoid downloading confidential personnel data or returning to a system after your access ends.

Write down the company’s stated reason in one sentence. Then list the two or three facts you can verify about selection, performance or reassigned duties. If you suspect age discrimination in layoffs and have a waiver deadline approaching, Azadian Law Group’s Los Angeles employment lawyers can review the packet and help you understand which deadlines and records matter.

This article provides general information about California and federal employment law.