Other Clues to Age Discrimination

“When Those Pats on the Back Become a Shove Out the Door” (Careers special section, May 20) was good but didn’t go far enough.

First, there are significant protections for workers under state law as well as federal, and some of those protections are greater. Age discrimination comes under the California Fair Employment and Housing Act (FEHA), which allows a fired worker a much greater range of potential damage remedies than does the comparable federal act, the Age Discrimination in Employment Act (ADEA). The legal burden of proof is somewhat easier to meet in an FEHA case than in an ADEA case. In general, California courts are better places to try age discrimination cases than are federal courts, which is where ADEA cases have to be tried.

A California worker who believes that he or she has been the victim of age discrimination should file a complaint with the California Department of Fair Employment and Housing, which has a longer time limit, 360 days from the time of the discriminatory act, than the federal statute. The time usually runs from when the worker is notified that he or she is to be fired, rather than the effective date of the firing.

Second, employees should be alert to clues in addition to those described. They should listen carefully to phrases used by those in a position of decision-making authority, especially describing current employees or plans about what to do with the work force. Employees who suspect they are under the ax should make careful note of all such remarks, including who said them, the date, the place and who was there at the time. These notes should be kept in a safe place at home.

Also, the employee should inspect his or her personnel file. Under California law (Labor Code Section 1198.5), a worker has the right to see his or her personnel file upon reasonable notice. While the law does not force employers to provide copies, there is nothing wrong with the worker’s taking good notes with a pad of paper and pen or dictating the contents of the personnel file into a tape recorder.

Third, get those resumes out. Employees should not wait to be fired before looking for another job. Experience teaches that it is easier to find a job while employed than not. Be careful, however, about applying for jobs to blind box numbers; that box number could be the existing employer.

JOSEPH POSNER

Attorney

Encino