An employer cannot simply fire an employee based on their age, sex, or any other factors that are discriminatory in an unfair way against the employee. When an employee in California feels they have been the victims of a wrongful termination, they have the option to file a lawsuit against the former employer in order to receive money for lost and future wages. If these cases are not settled in a way that is acceptable to both parties, they may end up being decided by a jury.
A California corporation and five former employees are waiting for a jury to decide their case after weeks of arguments. After being laid off from their jobs, many of the people laid off realized that the average age for those laid off was over fifty, and felt that they were terminated because they were older and their salaries were higher. They have since sued the company for breach of contract over their terminations.
The corporation has claimed through their attorney that the lay-offs happened to stay within budgets during a recession, and that the fired workers were let go simply because their skills were no longer necessary. The people filing the lawsuit are the first five of many who are hoping to receive money from the corporation.
When companies are looking to cut costs, they may look first at senior level executives and employees who are older in age. This violates the law, and no person can be fired simply because of his or her age, whether they are old or young. Any person who has been laid off from a job for reasons they feel violate the law may benefit from seeking the advice of an attorney.
Source: Contra Costa Times, “Lawrence Livermore Lab: Age discrimination case sees closing arguments begin,” Paul T. Rosynsky, April 30, 2013