Fired Without Warning in California — Is “At-Will” Really Absolute?

I was let go from a mid-size tech company after 4 years. No PIP, no warning, just called into HR and walked out. Manager said it was "business restructuring" but they posted my exact job 2 weeks later with a different title.

My offer letter says "at-will" but this feels wrong. I'm 52 years old and the replacement they're hiring is 28. Is there anything I can do?

At-will doesn't mean "for any reason." It means "for any lawful reason." Here, you have potential claims for:

• Age discrimination (FEHA/ADEA): You're in the protected class (40+), you were replaced by someone substantially younger, and the stated reason (restructuring) appears pretextual since they're rehiring the same role.
• Pretext evidence: Re-posting the same job under a different title within 2 weeks is classic pretext. Courts love this fact pattern.

Document everything: the job posting, your performance reviews, any emails about the "restructuring." File a complaint with the DFEH (now CRD) within 1 year.

Seconding the age discrimination angle. We had a similar situation in our company — manager fired a 55-year-old, hired a 30-year-old for the same role. EEOC investigation, $180K settlement. The job reposting was the smoking gun.

Thank you. I do have 4 years of positive performance reviews (all "exceeds expectations"). Never a single write-up. I'll start documenting.

One more thing: check if you signed an arbitration agreement. Many CA tech companies include mandatory arbitration in employment agreements. If so, you can't sue in court but can still pursue the same claims through arbitration. The process is different but the outcomes can be similar.

Also, don't sign anything (especially a severance release) without having an attorney review it first. You have 21 days to consider any severance offer under the OWBPA.

Similar story here — 50 years old, excellent reviews, replaced by someone half my age. Filed with CRD, they issued a right-to-sue letter. Currently in settlement negotiations. Don't give up.

The re-posting within 2 weeks is really damaging for the employer. If they were truly restructuring, why would they need the same position? Any employment attorney would take this on contingency.

Update: Consulted with an employment attorney. She took the case on contingency. Filed with CRD last week. The attorney said the re-posted job listing (which I screenshotted) plus my age and clean record make this a strong case. Will update.

Good luck. For others in similar situations, the wrongful termination demand letter templates can help you formalize your complaint before litigation.