Answered on Jul 28th, 2011 at 2:02 PM
It is illegal for an employer to consider a person's age (if they are 40 or older) when it makes an employment decision, including a layoff decision. Some of the questions that need to be answered include the following: 1. If other people also are being let go in the organizational transition, what are their ages - i.e., are they also older than 40? 2. What are the ages of the people making the decision? 3. Whether others are being let go or not, what are the ages of those who are remaining? 4. How did the employer decide your job should be eliminated and not someone else's did it rank employees, simply eliminate your job because it would be combined with someone else's, etc.? In this sort of situation, there unfortunately is not a simple answer to your question. You certainly should consult with an attorney in order to determine whether there is reason to believe your age was considered, especially if you are being offered severance in exchange for signing a release (which would include your agreement not to bring legal action).