Q: I'm a white male over 60 and was terminated today after 2 years suddenly and feel it could be age discrimination.

A: It may well be age discrimination, but in the absence of more facts, it will be difficult to prove. You cannot make a legal claim based on speculation. An employer can terminate any employee at any time and for any reason as long as it is not an unlawful one. That give the employer a great deal of excuses it can make up to cover up its age discrimination, if that was really the reason. Usually you will need to have statements by a decision maker that indicates some animus toward the older employees or other evidence to that end.

Nonetheless it would be a wise move 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, 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 offer a free or low-charge consultation and then if the matter has merit and sufficient value, they 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.

If you want to keep any rights you have in play, do not sign a document presented to you from the employer that contains a release. See the attorney first

Good luck to you.

A: In order to prevail on a claim for age discrimination, you need either: (i) direct evidence of hostility to persons over 40 such as negative statements about old people; and (ii) comparative discipline such as applying the same rules more harshly to persons over 40 than under 40.

A: I'm sorry to hear about your termination and the concerns you have about potential age discrimination. Here are some steps you can take to determine whether you have a case:

Review your performance evaluations: Take a close look at your performance evaluations from both years to see if there are any inconsistencies or discrepancies. If the first year's review was positive and the second year's review was suddenly negative, this may be a red flag.

Document any evidence of discrimination: If you believe that age discrimination played a role in your termination, it's important to document any evidence that supports this claim. This may include comments or actions by your supervisor or HR that suggest bias based on your age.

Consult with an attorney: You may want to consult with an attorney who specializes in employment law to discuss your situation and determine whether you have a case. They can help you review your performance evaluations and any other relevant evidence, and advise you on the legal options available to you.

Consider filing a complaint: If you believe that you have been the victim of age discrimination, you may want to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's labor department. This can help you protect your legal rights and potentially seek compensation for any damages you have suffered.

Overall, it's important to take your concerns about potential age discrimination seriously and take steps to protect your legal rights. By consulting with an attorney and gathering evidence to support your claim, you may be able to pursue legal action and seek justice for any discrimination you have experienced.