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:
Document everything: the job posting, your performance reviews, any emails about the "restructuring." File a complaint with the DFEH (now CRD) within 1 year.
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 as far as I know, 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 just saying.
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 teh 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.
Important clarification on arbitration: if your contract has a mandatory arbitration clause, you generally CAN'T sue in court. But here's the thing — filing for arbitration is often MORE intimidating to companies because they have to pay the arbitration fees (often $3,000-5,000 for the company's share). Use this to your advantage.
For anyone overwhelmed by the legal process: break it into steps. (1) Gather all documents, (2) Write a timeline of events, (3) Research applicable laws, (4) Send a demand letter, (5) If no response, escalate to regulatory complaint or court. You don't have to do everything at once.