In the corporate world, layoffs are an unfortunate reality, but when they disproportionately affect workers over 40, it raises serious questions about fairness, legality, and the future of the affected employees. If your team, especially one composed largely of individuals aged 40 and above, has just been handed pink slips, it’s natural to feel shocked, betrayed, and uncertain about the next steps. Let’s walk you through what you need to know, what you can do, and why seeking legal guidance from an expert workers comp attorney san antonio might be your smartest move.
1. Take a Breath—Then Take Inventory
First, pause. Emotions will run high, and that’s completely normal. You’ve likely dedicated years—if not decades—of hard work to your company. Losing your job suddenly, especially as part of a group, can feel like a punch to the gut. But once the shock wears off, it’s time to assess your situation. Gather everything related to your employment: your contract, performance reviews, HR policies, severance package documents, and any recent communications from management. This paper trail could become very important later.
2. Know Your Rights Under the Law
Employees 40 or older are safe from discrimination because of the ADEA in the United States. The law prevents employers from making hiring, firing, layoff, promotion, and other work decisions based on a person’s age. Selecting to fire older employees while keeping younger employees without reason can frequently show signs of age discrimination.
Also, the Older Workers Benefit Protection Act (OWBPA) kicks in if your layoff affects a group. It requires employers to provide specific information if they want you to sign a waiver giving up your right to sue for age discrimination. You’re entitled to:
- 21 days to consider the agreement (or 45 days if it’s a group layoff),
- 7 days to revoke it after signing, and
- A list of the job titles and ages of those laid off and those retained in your department.
If that information isn’t provided—or is incomplete—it’s a red flag.
3. Examine the Severance Offer Carefully
Even though it can feel final, a layoff might give you a chance to rethink your career, especially if it feels targeted. Refresh your resume, email people in your industry, and check out any possible training courses. Mature workers today are admired by employers because of their dependability, experience, and strong work ethic. Whether you choose a job, start offering consulting services, or try being an entrepreneur, this period can play a big role. Is it in line with what others in similar roles are getting?
Before you sign anything, it’s wise to consult with a legal professional (more on that shortly). You may have more negotiating power than you think.
4. Reframe and Rebuild—On Your Terms
Being laid off can feel disheartening, especially if you sense it’s purposeful, yet it can be a good time to reflect and start a different work path. Revise your resume, get back in touch with old business partners, and see if there are any training or certification opportunities around. Businesses now appreciate mature workers for their ability to be counted on, their years of experience, and their commitment. Launching a new career path in-house, bringing in consultants, or trying out something on your own may change how things develop for you.
It’s also important to address the emotional toll. Group layoffs can feel deeply personal, and age-related bias only compounds that stress. Surround yourself with support—friends, family, peer networks—and remember: your worth isn’t tied to your job title.
5. When to Talk to a Lawyer
Talk to an expert workers’ comp attorney in San Antonio if your layoff feels suspicious or you’re being asked to sign a legal document without adequate time or clarity. This is especially important if:
- The layoffs appear to affect older workers disproportionately.
- You’ve experienced prior age-related comments or bias.
- You’re unclear about your rights under the severance agreement.
- The OWBPA disclosures are missing or incomplete.
An employment attorney can review your documents, evaluate whether your rights were violated, and help you determine if legal action is worth pursuing. Many lawyers offer free consultations or work on contingency, so don’t let cost deter you from seeking help.
Conclusion
Being part of a group layoff is hard enough—it can feel downright demoralizing when you’re over 40. Just because a company made a decision doesn’t mean it gets to shape what comes next for you. This is your career, your future. Make sure you understand your rights and stand up for what’s fair. You don’t have to navigate it alone—having the right legal support can make all the difference. You’ve spent years working hard and showing up with commitment. Now’s the time to make sure that work is respected and protected.
