Using COVID-19 layoffs as a pretext for age discrimination is unlawful

The COVID-19 pandemic has created difficulties for businesses everywhere. More and more companies have resorted to layoffs to reduce their workforce in light of the economy’s downward spiral.

Given the current situation, some California employers may be tempted to use the pandemic as an excuse to target particular groups of employees. For example, getting rid of higher-paid older workers and replacing them with younger, less-costly employees to save on labor expenses. They may try to justify their illegal actions under the guise of slow business and financial concerns.

Age discrimination occurs when an employer treats an employee who is age 40 or older less favorably across any aspect of employment because of their age. There are certain signs that can indicate a supposed COVID-19-related layoff may actually be a form of age discrimination.

Evaluating the circumstances around the layoff can shed some light. For example, did the company’s layoff generally focus only on older, more experienced and higher-earning employees? Maybe your employer made remarks about the retirement age or higher pay of certain workers. Did the business hire younger employees soon after the older workers were let go?

It is illegal for employers to use COVID-19 layoffs as a pretext for age discrimination. If you believe you were laid off or terminated based on your age, you may have an age discrimination claim against your employer.

To have a valid legal claim, you would need to show that the reason for your termination was your age rather than a legitimate business need to reduce the workforce due to the effects of COVID-19. A qualified employment law attorney can help you determine if you have a case.

Read more

wage theft lawyer

Oakland Restaurant Settles Wage Theft Lawsuit With Former Workers

Certain types of workplaces are more prone to wage theft, and the restaurant industry is one of them. Not being paid minimum wage, being forced to work without any breaks and not…

READ ARTICLE
workplace sexual harassment lawyer

Six Women Sue Tesla For Sexual Harassment at Fremont Factory

Six current and former female employees filed separate lawsuits accusing Tesla of enabling a workplace culture of “rampant” sexual harassment at its factory in Fremont, California. The company allegedly created a work…

READ ARTICLE
wage theft lawyer

Bay Area Burger King Franchisee cited $1.9 Million For Wage Theft

Fast food restaurants are notorious for their aggressive cost-cutting measures to boost profits, which often result in workers not being paid the full wages they are owed. It is important to hold…

READ ARTICLE
wrongful termination lawyer

Former Walmart Pharmacist Gets 27 Million Dollars in Retaliation Lawsuit

A former Walmart pharmacist was awarded $27.5 million in damages after the District Court of Central California found the company wrongfully terminated her in retaliation for complaining about noncompliance issues. She and…

READ ARTICLE
SEEN ON
cnnmoney
marin-ij
dailypost
news10