Barrera & AssociatesEl Segundo Employment Attorney | Business Litigation Lawyer Los Angeles2026-07-21T04:17:09Zhttps://www.baattorneys.com/feed/atom/WordPress/wp-content/uploads/sites/1403601/2022/09/cropped-site-identity-32x32.pngOn Behalf of Barrera & Associates, Attorneys<![CDATA[Replaced by a younger worker? It may be age discrimination]]>https://www.baattorneys.com/?p=498092026-07-21T04:17:09Z2026-07-21T04:17:09ZIt is not always about performance
Many employers frame these decisions as restructuring, performance concerns or budget cuts. However, a 2025 nationally representative study by AARP found persistently high rates of age discrimination among workers 50 and older, with the majority reporting that it is common in the workplace.
What often drives these decisions is cost. When an employer sees a long-tenured employee as expensive and a younger candidate as a bargain, the motivation behind a termination may have less to do with performance than it appears.
California law protects workers over 40
California's Fair Employment and Housing Act protects workers 40 and older from losing their jobs because of their age. The law applies to most California employers, even those with as few as five employees.
To bring a claim, you do not need to prove that age was the only reason for the decision; it just needs to have played a meaningful role. Employers cannot fire older workers simply to replace them with younger, less expensive labor.
Signs that your replacement was about age, not business
You do not need direct evidence to bring an age discrimination claim. Being replaced by a significantly younger worker is itself a key factor courts consider when evaluating whether discrimination occurred. Other signs that age may have played a role include:
Comments about your age, retirement or how long you plan to keep working.
Being passed over for training, promotions or assignments given to younger colleagues.
Being targeted in a layoff where most of the people let go were over 40.
Receiving a sudden negative performance review after years of positive evaluations.
The pattern matters as much as any single incident, and courts look at the full picture of what happened before and after the termination.
What you can do if you suspect age discrimination
Start by documenting what you can, such as performance reviews, communications with your manager, and anything said about your role or your replacement. California requires you to file a complaint with the Civil Rights Department before pursuing a lawsuit, and strict deadlines apply.
An experienced employment attorney can help you assess whether what happened crosses the legal line and what steps to take before time runs out.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[In California, you may deserve more than time-and-a-half]]>https://www.baattorneys.com/?p=498072026-07-01T13:05:15Z2026-07-01T13:05:15ZWage and hour disputes sometimes revolve around overtime not being paid correctly. An employee may claim that they put in a few hours of overtime, but then they were just paid their standard wage, for example. They believed they were going to make time-and-a-half, which is the whole reason they agreed to work overtime in the first place.
It is true that California employees often deserve time-and-a-half, such as when someone works more than eight hours in a single day. The same is true if they work more than 40 hours in a week. But California law does not require them to wait until the end of the week. Even if they only worked 10 hours during the week, if all of those hours were on the same day, they would have logged two hours of overtime.One important thing to remember is that California goes a step beyond other states and can sometimes require double-time pay.
Exceeding 12 hours
The most common example of this is if someone works more than 12 hours in a single day. Once they have exceeded eight hours, they should be paid time-and-a-half. But once they exceed 12 hours, they get double their base pay rate.For example, someone who worked 16 hours would deserve their base pay for the first eight hours, time-and-a-half for hours nine through 12, and then double-time for hours 13 through 16.Additionally, if someone works seven consecutive days during the same workweek, then they should be paid double-time for everything over eight hours on the final day. If they worked nine hours and were only paid time-and-a-half, it would still be too low because it was their seventh day in a row.As an employee, it is very important to understand when overtime pay applies and what steps to take if you have not been paid correctly.
]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[What should employees know about retaliation?]]>https://www.baattorneys.com/?p=497182026-06-23T16:29:16Z2026-06-23T16:29:16ZEmployees have specific protections under federal and state labor laws. One of these is that their employer can’t retaliate against them if they engage in a protected activity. This ensures that employees can participate in those activities freely.
Understanding what constitutes a protected activity and what’s considered retaliation may be beneficial to employees.
What are protected activities?
Protected activities vary greatly. Many are centered around employees being able to report situations, such as discrimination, harassment, safety violations and illegal activities. It also includes other activities, such as taking leave under the Family and Medical Leave Act or filing for workers’ compensation benefits after a work-related injury or illness.
What counts as retaliation?
Employment retaliation is any negative employment action that’s taken against an employee because they engaged in a protected activity. This can be obvious actions like termination, unwarranted negative performance review or a reduction in pay. It can also be more subtle, such as failing to inform the employee of required meetings or making the workplace uncomfortable for them. Employees who engage in a protected activity can still face disciplinary measures for violating lawful company rules. The discipline has to be what any employee would receive if they did the same activity. Any employee who believes they were the victim of retaliation should ensure they learn about their legal rights. These cases can become complex, so it might be beneficial to work with someone who’s familiar with these matters. It’s critical to take swift action because time limits apply to these cases.
]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[If you quit, do you have to give two weeks’ notice?]]>https://www.baattorneys.com/?p=496832026-06-09T15:13:34Z2026-06-09T15:13:34ZWhether or not you have to give two weeks' notice when you quit your job depends on the type of employment agreement you accepted when you took that job.
Most workers are at-will employees. This just means that there is an agreement between them and their employer. The employer has agreed to give them a job, and they have agreed to take it for as long as both sides want that to be the case. But because there is no formal contract in place, either side can end the relationship at any time.This means that the employer could terminate the employee's position without warning. But it also means that the employee is completely free to quit, also without warning. There is no law requiring them to give two weeks' notice. Even if their employer would prefer it, most employees are not obligated to do so.
The use of employment contracts
This obligation can often change with the use of an employment contract. It can spell out specific terms, including the fact that the employee has to give notice before they quit. That notice could be two weeks or another duration.If an employee has signed a contract, they must understand the terms and their obligations. If they violate it, such as by quitting without warning, they could be legally responsible for breaching that contract. There still is not a law requiring two weeks' notice, but they are bound by the contractual obligation.Issues like this can sometimes lead to disputes, and it is important for all involved parties to understand local employment laws and their legal options.
]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[How can you report workplace disability discrimination?]]>https://www.baattorneys.com/?p=496812026-06-02T07:16:50Z2026-06-02T07:16:50ZWhat counts as disability discrimination?
Before you file a report, it helps to know what disability discrimination is. California law protects workers from unfair treatment because of a disability. This includes being denied accommodations, facing harassment, not receiving a promotion or being fired due to your disability.
With regards to discrimination, employers with five or more employees must generally comply with the California Fair Employment and Housing Act (FEHA). This law requires them to provide reasonable accommodations and prohibits discrimination based on disability. Recognizing these protections could help you identify when your employer violates your rights under FEHA.
How do you file a complaint with the Civil Rights Department?
The California Civil Rights Department (CRD) handles discrimination complaints. You can file online, by mail or in person. The process often begins with a pre-complaint form. This helps the agency decide if it can take your case.
You usually have three years from the date of the incident to file a CRD complaint. This is longer than the federal deadline, so you have more time to prepare. After you submit your complaint, the department will investigate and may attempt to resolve the issue through mediation or other methods.
Should you consider federal options?
You might also file a complaint with the federal Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal anti-discrimination laws and accepts complaints from employees who work for companies with 15 or more employees. You have 300 days from the discriminatory act to file with the EEOC if you live in a state with its own anti-discrimination agency.
You do not need to file two complaints. If you file with the CRD or EEOC, you can ask for “dual filing.” This counts for both state and federal protection.
What should you do before filing?
Write down everything about the discrimination. Save emails, performance reviews, medical records and notes from conversations with supervisors or human resources. This helps support your complaint. It might also help to check your employee handbook. Some companies have internal complaint steps that may help resolve the issue.
Your actions can prevent workplace discrimination
If you experience disability discrimination at work, you do not have to ignore it or handle it alone. By learning about your rights, keeping thorough records and reporting unlawful conduct through the appropriate channels, you can take meaningful steps to protect your interests. Taking action may also help create a more inclusive and equitable workplace for others.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[When a termination follows a CFRA leave request]]>https://www.baattorneys.com/?p=496792026-05-25T18:06:43Z2026-05-25T18:06:43Zunpaid leave in qualifying circumstances.
The law allows those adding children to their families, experiencing medical challenges or supporting family members through medical issues to protect their employment. The CFRA and FMLA both include provisions prohibiting retaliation. Workers fired after requesting leave, while on leave or after returning to work may have experienced a wrongful termination.
Retaliatory firings are illegal
California employers can technically terminate workers for any lawful reason, but they cannot fire workers for engaging in protected workplace activities. Reporting misconduct, asking for medical accommodations or taking leave are not behaviors that should trigger any sort of employer punishment.
Workers who qualify for leave under the CFRA should not lose their jobs or even face demotions for taking an extended absence to handle personal or family matters.
The timing of the termination raises immediate questions about whether the leave request prompted the firing. Especially in scenarios where the employee had previously enjoyed positive performance reviews and avoided disciplinary issues, their sudden termination might not be legal. The employer might offer an explanation for the firing, but the explanation might effectively be a pretext intended to hide the true reasoning behind the company's decision.
Discussing a recent leave request and subsequent termination with an employment law attorney can help workers to fully understand their rights. Employees fired for unlawful reasons may potentially have grounds to take legal action seeking reinstatement or compensation for the impact of the firing at issue.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[3 ways religious discrimination may manifest in the workplace]]>https://www.baattorneys.com/?p=496132026-05-12T22:52:26Z2026-05-12T22:52:26Z1. Restrictive dress codes
Employers sometimes establish appearance requirements that violate religious practices. Refusing to let workers cover their heads could be a form of discrimination against Muslim and Sikh employees. Requiring that men shave their faces can also violate certain religious beliefs.
2. Refusal to accommodate religious observances
Some religions require weekly attendance at services. Others have holy days and festivals that can impact a worker’s availability. Employers should generally make reasonable efforts to allow workers to observe their faith through regular attendance of services and the observation of traditional religious holidays.
3. Ignoring a hostile work environment
Coworkers who share similar religious beliefs might harass, abuse or exclude a coworker with different beliefs. Employers should not allow ongoing abuse based on religious beliefs. Companies should prevent hostile work environments from developing if at all possible or intervene rapidly if a worker complains of one developing.
Those punished for reporting religious discrimination or denied opportunities because of their faith may have grounds for an employment lawsuit. Reviewing conduct that may have constituted workplace discrimination with a skilled legal team can help professionals.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[Can employers legally refuse to pay worker bonuses?]]>https://www.baattorneys.com/?p=495852026-04-24T12:41:24Z2026-04-24T12:41:24ZThere is more than one type of bonus
The legal classification of the bonus determines whether or not workers have the right to initiate wage claims for the non-payment of the bonus. When the bonus is part of their employment contract and therefore their contractual pay, it is a non-discretionary bonus. Employees can likely pursue wage claims for a company's refusal to honor the bonus structure outlined in their contracts.
Additionally, if a company establishes a widespread bonus program to incentivize workers or promote employee retention during a difficult time, those specific, promised bonuses are non-discretionary. Workers can file lawsuits seeking those unpaid bonuses.
However, if the company simply offers holiday bonuses without including a promise for that extra pay in a contract, the business can stop paying those bonuses at any time. They are discretionary bonuses that are a form of employer generosity and not part of the worker’s wages.
Reviewing employment contracts and company communications outlining new bonus programs with a skilled legal team can help workers classify their bonuses. A wage claim could help in scenarios where bonuses are non-discretionary and are, therefore, part of the workers' wages.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[When can California employers withhold severance pay?]]>https://www.baattorneys.com/?p=495782026-04-13T15:10:32Z2026-04-13T15:10:32ZSeverance pay is not legally mandatory
While California does have employee-friendly workplace regulations, the state does not require that employers provide severance. The obligation to do so generally comes from contract terms.
Workers have a right to pay for the time they worked, but anything beyond that depends on the contract they signed or the goodwill of their employer. Even those who negotiated a severance agreement could struggle to obtain the pay promised in their employment contracts.
Frequently, businesses include clauses in severance agreements that allow them to deny a worker the promised severance package in specific qualifying circumstances. Typically, workers terminated for cause, including disciplinary issues or poor job performance, may be ineligible for the severance package outlined in their initial employment agreement.
When employers attempt to deny workers reasonable severance packages, affected employees may need assistance reviewing their contracts and negotiating with their employers. Support during severance disputes can help workers enforce their rights and avoid major financial setbacks during the transition between two jobs.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[4 signs of age discrimination in the Los Angeles tech industry]]>https://www.baattorneys.com/?p=495752026-03-30T16:16:17Z2026-03-30T16:16:17ZReplacement by younger workers with lower pay
A common sign of bias is the sudden termination of veteran staff during restructuring phases. You may see your duties shifted to new hires who lack your expertise but accept smaller salaries.
California law prohibits using salary as a criterion for differentiation if it has a disparate impact on older workers. Employers often use budget cuts as a pretext to remove loyal employees in favor of cheaper labor.
Comments about retirement or cultural fit
Vague feedback regarding cultural fit often masks a desire for a younger workforce. You might hear frequent questions about your retirement plans or comments about new blood in the office.
These remarks suggest that the company no longer values your presence. Such comments can serve as evidence that age was a motivating factor in an adverse employment action.
Sudden changes in performance evaluations
You may receive a poor performance review despite a decade of excellent marks. This creates a paper trail to justify your eventual firing. Employers use this tactic to make a discriminatory move look like a professional necessity.
Document any inconsistencies between your actual output and these new, negative critiques. Sharp changes in how a supervisor views your work often point to a nonperformance related motive.
Exclusion from training or new software projects
Management might stop inviting you to strategy meetings or technical workshops. They may assume you are not interested in new developments or lack the agility of younger peers.
This type of stereotyping is a form of discrimination that limits your career growth. Under the Fair Employment and Housing Act, companies cannot deny you opportunities based on age-related assumptions. Consequently, being passed over for training often signals an underlying bias in the leadership team.
Secure your professional legacy in El Segundo
Maintaining a private log of internal communications and review dates is a vital step for your protection. This record serves as a shield if you are eventually forced out of your position.
You can take control of your future by recognizing these patterns early and seeking a professional evaluation of your situation. A discussion with a legal advocate can help you identify if your employer has potentially violated state or federal protections.]]>