Is My Employer Treating Me Unfairly Because of My Age?

Decades of hard work and dedication to your career should earn you respect, not marginalization. Unfortunately, age discrimination remains a persistent issue in many workplaces, often leaving seasoned professionals feeling undervalued. You bring extraordinary skill and experience to your role, yet you may sense that your age has become a liability in the eyes of your employer based on indicators like:

• Systematic replacement: Older staff members are let go and replaced by significantly younger hires.
• Biased remarks: Supervisors or colleagues make frequent, derogatory comments about your age or retirement.
• Sudden performance issues: You receive negative reviews despite a history of excellence.

At Olivier & Schreiber PC, our team of litigators is committed to advancing the rights of employees throughout California and the nation. We understand that recognizing discrimination for what it is can be the first step toward justice. If you believe you are facing unfair treatment, start by looking for some specific patterns and potential warning signs.

What Patterns Indicate Age Discrimination Against Older Employees?

The Age Discrimination in Employment Act (ADEA) specifically protects individuals who are 40 years of age or older from employment discrimination. Despite these federal protections, employers often utilize subtle tactics to try to push older workers out. You might notice that management excludes you from key meetings or strategic planning sessions that you previously attended. Perhaps the company culture has shifted to emphasize “digital natives” or “fresh energy” in a way that alienates experienced staff. If you see a pattern where older employees are consistently overlooked for promotions or training opportunities, this behavior may violate your rights.

Can My Employer Replace Me With a Younger Worker?

One of the most distinct signs of age bias occurs when an employer terminates an older employee and subsequently fills the position with a significantly younger individual. This often happens under the guise of “restructuring” or “cost-cutting measures.” While companies have the right to reorganize, they cannot use these reasons as a cover for discriminatory practices. If you observe that layoffs disproportionately affect workers over 40, or if your specific duties are reassigned to a younger, less experienced colleague for a lower salary, you may have grounds for a legal claim.

Do Age-Biased Remarks Constitute Harassment?

Comments regarding your age are not always just harmless jokes. In a professional environment, constant references to retirement plans, “old school” methods, or a perceived inability to use new technology can contribute to a hostile work environment. While a single stray remark might not constitute illegal harassment, a pervasive pattern of offensive comments can be damaging. It is important to document these interactions. Writing down the date, time, and specific content of these comments can provide vital evidence if you decide to pursue legal action.

Why Have I Received Sudden Performance Concerns?

A sudden, unexplained drop in your performance ratings can be a common tactic to justify wrongful termination. You may have a long history of stellar performance reviews, raises, and commendations. However, if you find yourself inexplicably placed on a Performance Improvement Plan or harshly criticized for minor errors that are overlooked for younger employees, this can be a red flag. When your actual work quality has not changed but the scrutiny on your work has intensified, this discrepancy often serves as a pretext for discrimination.

Maintain Your Career With Legal Counsel

You do not have to navigate these challenges alone. If you suspect that your rights have been violated on the basis of age discrimination, you need an advocate who will fight for the justice you deserve. The attorneys at Olivier & Schreiber PC can evaluate your situation with empathy and precision. Contact us today to schedule a consultation and ensure your voice is heard.