I have worked for this company from October of 2017, when the increased sales division from 7 Real Estate licensed reps to add additional 10 unlicensed reps for the same position. Decreasing the opportunity of leads from 2-3 per day down to 1 or none per day. Asked if I would like to transfer and I declined. Employer told me that the other sites had more "Seasoned Reps like myself an closer to my age. I have taken a leave of absence which has been declined by the HR Department.
To make a federal age discrimination claim, you must show that your employer took adverse job action against you (termination, demotion, cut in pay, etc.) BECAUSE of your age. Certainly a statement that you described above could be an example showing age bias. Without more, however, that statement alone would not be enough. Employment cases are very complex and have short time-frames to bring a claim. You should schedule a consultation with an employment lawyer licensed in California to review your case.
I'm licensed to practice law only in Utah and Idaho, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in the states where I’m licensed, my knowledge of federal and common law, and common sense. Even if you are in Utah or Idaho, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
For what ever reason, your employer's actions seem indicate that they want to quit or they want to fire you. Decreasing an employee's sales opportunity is a method of forcing someone out. I have represented many sales people in Silicon Valley and have seen this used as a common tactic. If you were not in sales they would loading so much work on you could not possibly finish within the time frame they expect.
There a few things you can do to prepare for the worst. First start looking for another job. Second lay low while you gather information. If they are going to fire you, make them fire the best sales person they have.
Third you have difficult decision to make concerning your work. Do you file a complaint for age discrimination due to the changes in your job. This is a chess move to set your employer up for a retaliation claim if they are trying to force you out. If you earn anything above $100,000 a year I suggest you consult with an employment attorney before making that move.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
It is unlawful to discriminate against someone because of their age if they over 40 years old. Whether the comment you note indicates that your employer has reduced your potential income because of your age would be an issue to be decided by a jury. It is hard to tell from your facts, but it seems unlikely, that you could prove that the decision to increase the sales force by ten additional people was motivated by your age. However if you believe there are facts that would suggest that you have been subject to an adverse employment action because of your age over 40, it would be prudent for you to share them with an experienced employment law attorney.
The comment, alone, is likely not enough to constitute harassment based on age over 40. To prove harassment you have to establish that you were subjected to unwelcomed comments or conduct related to your age that were so severe or pervasive so as to fundamentally alter the workplace rendering it hostile toward you as an older person. This one comment is not going to be enough, but combined with others it could be.
It would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline