In recent years, the tech industry has seen widespread layoffs—often targeting experienced, higher-paid employees. For older workers, these reductions can raise serious concerns about age discrimination. While employers often frame layoffs as restructuring or budget-driven, the reality is that some terminations are based on bias, not performance.
If you’re over 40 and believe your age played a role in a mass layoff, you may have a legal claim under California and federal law. The key to proving it? Gathering the right digital evidence.
Understanding Age Discrimination in Layoffs
The Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA) both protect workers over 40 from adverse employment actions based on age.
In a mass layoff, red flags for age discrimination may include:
- A disproportionate number of older workers being let go
- Younger, less-experienced employees retained or promoted
- Vague or shifting explanations for termination
- Comments suggesting older workers are less adaptable, tech-savvy, or “a cultural fit”
But suspicion alone isn’t enough. To build a strong legal case, you’ll need evidence—and much of it exists in digital form.
Crucial Digital Evidence to Support Your Case
Digital records can provide powerful proof of discriminatory intent, patterns, or disparities. If you’ve been laid off and suspect age was a factor, look for:
1. Internal Emails or Messaging Logs
- Comments from managers referencing age or retirement
- Discussions prioritizing “young talent” or “fresh perspectives”
- References to layoffs targeting higher-paid or “legacy” team members
2. Performance Reviews and Metrics
- A record of strong performance leading up to the layoff
- Inconsistencies between your performance and that of younger retained colleagues
- Sudden, negative feedback without context
3. Layoff Demographics
Employers conducting group layoffs are often required to disclose the ages and job titles of those affected. An age pattern—especially if most affected workers are over 40—can be strong supporting evidence.
4. HR and Policy Documents
- Changes in evaluation criteria before the layoff
- Shift in promotion practices that favored younger workers
- Any communications related to diversity or restructuring initiatives with age-based undertones
Always preserve these records before leaving the company or losing access to your accounts. If you’re unsure how to do this legally, consult with an employment attorney immediately.
What to Do If You Suspect Age Discrimination
If you believe you were laid off due to your age, take the following steps:
- Document everything: Keep a timeline of events, emails, chats, and any relevant communications
- Request the group layoff disclosure: Employers are legally required to provide age data under certain circumstances
- Avoid signing a severance agreement right away: These often contain waivers that limit your ability to sue
- Consult with an attorney at PLBH: We can assess your situation, evaluate your evidence, and advise on your next move
You typically have a limited window to file a claim—so acting quickly is essential.
Legal Remedies Available
If your claim is successful, you may be entitled to:
- Reinstatement or back pay
- Compensation for lost benefits and emotional distress
- Punitive damages, if your employer’s conduct was especially egregious
- Attorneys’ fees and costs
Filing a claim not only protects your own rights but can help hold employers accountable and prevent future discrimination.
You’re Not Alone—Fight Back With Confidence
Being laid off can be a devastating experience, especially when it feels unjust. If you suspect age discrimination was behind your termination, know that you have options.
At PLBH, we help tech professionals stand up to discriminatory practices with clarity and confidence. Call (800) 435-7542 today for a free consultation and let us help you explore your next steps.