Age Discrimination & Wrongful Termination

Fired for Being “Too Experienced”? You Might Have a Case

You put in the work. Years of experience. Strong performance reviews. And still, one day, you’re told your “position has been eliminated” or that “the company is going in a different direction.” At first, you may second-guess yourself. But then the replacement is someone half your age, often with less experience. That’s when it hits you: it wasn’t just business. It was personal.

Losing your job is hard. Losing it because of your age is illegal.

At Horn Wright, LLP, our employment law attorneys help New Yorkers who were wrongfully fired after decades of dedication. If you were let go under suspicious circumstances and you're over 40, you may have a strong claim under both federal and New York State law. We’re here to help you fight back with facts, and legal support that holds up.

What Counts as Wrongful Termination Based on Age

New York is an “at-will” employment state, which means employers can generally terminate workers without providing a reason. But there are limits. They can’t fire someone for a reason that violates the law, including discrimination based on age.

The Age Discrimination in Employment Act of 1967 (ADEA), found under 29 U.S. Code §§ 621–634, makes it illegal for employers with 20 or more employees to terminate workers 40 or older because of their age. New York’s Human Rights Law (NYSHRL), under N.Y. Exec. Law §§ 290–301, expands that protection even further by applying to companies with as few as four employees.

A termination may be considered wrongful under these laws if:

• Age was a motivating factor in the decision
• The employer created a pattern of forcing out older workers
• You were replaced by someone significantly younger under suspicious timing

Wrongful termination based on age isn’t just about what they said, it’s about what they did. If your firing doesn’t line up with your performance, experience, or company policies, it’s time to start asking questions.

Red Flags That Your Termination Was Age-Related

Sometimes the signs are subtle. Other times, they’re painfully clear. Employers rarely admit that age played a role in a firing. But there are common clues that, when viewed together, raise serious concerns.

You may have a potential case if:

• You were told your role was being eliminated, but it was filled shortly after—by someone younger
• Management started making comments about “fresh energy” or asking when you planned to retire
• You were excluded from training, meetings, or key projects before your termination

Under 29 U.S. Code § 623(a)(1) and N.Y. Exec. Law § 296(1)(a), these behaviors can indicate unlawful bias, especially if the pattern repeated across multiple employees close to or past age 40.

It’s also common for employers to offer vague or shifting reasons for a termination, something like “budget cuts” that don’t quite align with hiring activity. These inconsistencies may not just be frustrating; they could become evidence in a claim.

Comparing Your Performance Record to Younger Employees’

One of the most effective ways to challenge a discriminatory termination is to compare how you were treated versus younger employees in similar roles. This approach, called using comparators, shows whether your age factored into the decision in a way that violated your legal rights.

Start by asking yourself:

• Did younger employees with similar or lower performance keep their jobs?
• Were you held to different standards than they were?
• Were disciplinary actions or warnings applied more harshly to you?

If the answer to any of these is yes, your case is already building strength.

Both the EEOC and New York State Division of Human Rights (NYSDHR) consider this kind of evidence when investigating wrongful termination complaints. If you can show that others with the same title and performance history were treated more favorably, that contrast can be a clear sign of age-based bias under the law.

Even if you don’t have all the data yet, your attorney can often secure records during discovery to fill in the gaps.

In Contrast to Vermont, New York Allows Longer Look-Back Periods to Evaluate Employer Behavior

If you’ve lived or worked in both New York and Vermont, it’s worth noting how the laws differ, especially when it comes to age discrimination and wrongful termination.

Vermont offers protections under the Fair Employment Practices Act, but it has narrower enforcement paths and a more limited window for filing complaints. In contrast, New York gives workers broader tools, including:

• A one-year period to file with the NYSDHR
• More lenient evidentiary standards under N.Y. Exec. Law § 300, allowing claims where age is one contributing factor
• The ability to recover emotional distress and punitive damages, which aren’t as easily accessible under Vermont law

This extended timeframe matters. Discrimination doesn’t always unfold overnight. New York’s broader look-back period gives employees time to connect the dots and build a stronger case.

What You Can Recover After a Wrongful Termination

Filing a claim isn’t just about principle—it’s also about making things right. If you’ve been fired due to age, both federal and state laws allow you to recover damages that reflect the real cost of that decision.

You may be entitled to compensation for:

• Lost wages and benefits (both back pay and future loss of income)
• Emotional distress, allowed under the NYSHRL but not the ADEA
• Reinstatement to your position, if appropriate
• Punitive damages, in cases of especially egregious or repeated violations (available under N.Y. Exec. Law § 297(4)(c))

The ADEA limits recovery to economic losses, but New York’s law is more generous. That’s why where and how you file your claim matters. Our employment law attorneys help New Yorkers navigate these options so they don’t leave compensation on the table.

Why You Shouldn’t Sign a Severance Agreement Too Quickly

If you’ve recently been fired, you may have been handed a severance agreement and told you need to sign quickly. You might even be offered a payout in exchange for waiving your right to sue. That can feel tempting, especially when you’re under stress, but it’s important to pause.

Here’s why:

• These agreements often include waivers of your rights under the ADEA and NYSHRL
• Some may attempt to limit your ability to file complaints with the EEOC or NYSDHR
• You may unknowingly give up claims worth far more than the severance amount

Under ADEA § 626(f), any waiver of rights must meet strict legal requirements to be valid, including a 21-day consideration period and a 7-day revocation window. Even then, the agreement must be “knowing and voluntary,” with clear language.

New York law also prohibits employers from including terms that interfere with protected rights under N.Y. Exec. Law § 296(16). That means even if you’ve signed something, your claim might still be valid if the agreement was coercive or incomplete.

Always speak to an attorney before signing anything. A few extra days can make a big difference in protecting your future.

Horn Wright, LLP, Can Help You Stand Up to Unlawful Firings

If you were fired for being “too experienced” or replaced by someone much younger without cause, it may be time to speak up. Wrongful termination based on age is a violation of your dignity, and your rights.

Our employment law attorneys know how to build claims that hold up in state and federal systems. We understand the emotional toll of being pushed out unfairly, and we’re here to help you recover what you’ve lost, and fight back with confidence.

You can read more about our national recognition for employment law excellence and see why so many people in New York turn to Horn Wright, LLP, when it matters most.