Can I Be Fired Because of My Age in California?

An employer cannot legally fire you because of your age if you are 40 or older. California law strictly prohibits age-based discrimination in the workplace.

If you have experienced discrimination based on your age, contact our Orange County age discrimination lawyers at Aegis Law to file a claim. Schedule your free consultation today.

How California Law Protects Older Workers

California’s Fair Employment and Housing Act (FEHA) makes it unlawful for employers to discriminate against employees who are age 40 or older. This protection applies to hiring, promotions, discipline, and termination decisions.

Employers cannot make employment decisions based on assumptions about age, such as reduced productivity, resistance to change, or higher salary expectations. Protected workers include:

• Employees and job applicants who are 40 or older.
• Full-time, part-time, and temporary workers.
• Individuals in both private and public sector jobs.

These protections apply to most employers with five or more employees in California.

What Qualifies as Age Discrimination?

Age discrimination occurs when an employer treats an employee unfairly because of age. Termination is one of the most serious forms, but other actions can also violate the law. Examples of age discrimination include:

• Firing an employee and replacing them with a significantly younger worker.
• Making negative comments about age or retirement.
• Targeting older employees for layoffs during workforce reductions.
• Denying promotions or training opportunities based on age.
• Pressuring older employees to retire early.

Even subtle patterns of behavior can support a claim if age played a role in the employer’s decision.

Can an Employer Ever Fire an Older Employee?

Employers can still terminate employees who are over 40, but the reason must be lawful and unrelated to age. Legitimate reasons may include:

• Poor job performance supported by documented evidence.
• Violation of company policies.
• Company-wide layoffs based on neutral criteria.
• Misconduct or workplace violations.

The key issue is whether age influenced the decision. 

Warning Signs of Age-Based Termination in Orange County

Certain facts may indicate that a termination was based on age rather than legitimate reasons. Common warning signs include:

• Sudden negative performance reviews after years of positive evaluations.
• Comments about being “too old,” “outdated,” or close to retirement.
• Replacement by a younger, less experienced employee.
• Exclusion from meetings, projects, or advancement opportunities.
• Disproportionate layoffs affecting older workers.

These factors can help show that the employer’s stated reason is a pretext for discrimination.

What to Do If You Are Fired Because of Your Age

If you believe an employer terminated you because of your age, steps to take include:

• Request a written reason for your termination.
• Gather performance reviews, emails, and other employment records.
• Document any age-related comments or behavior.
• Identify coworkers who may have witnessed discriminatory conduct.
• File a complaint with the California Civil Rights Department.
• Speak with an employment attorney to evaluate your claim.
• Avoid signing severance agreements without legal review.

Taking these steps early can help preserve evidence and strengthen your case.

What Is an Age Discrimination Claim Worth?

The value of an age discrimination claim depends on the facts and the impact of the termination. California law allows employees to recover several types of damages.

Potential compensation may include:

• Back pay for lost wages and benefits.
• Front pay for future lost income if reinstatement is not feasible.
• Emotional distress damages.
• Punitive damages in cases of serious misconduct.
• Attorney’s fees and legal costs.

Stronger claims often involve clear evidence of discrimination, significant financial loss, and documented patterns of unfair treatment.