Position Lost

• Positions may be eliminated because of budget cutbacks or a downsizing. If the position you are in is cut, it is probably not related to age. But, if your age specifically comes up in the exit interview or is made public as a reason, or a certain age group is specifically targeted, you have grounds for legal action.
  
  

Direct Evidence

• If you are looking for proof of age discrimination, direct evidence is required. Most managers or human resource personnel will not make an oral comments such as, "Sue is just getting to old to do the job." If you hear that comment and can prove it was made, you have direct evidence.
  
  

Circumstantial Evidence

• There are several assertions you might try to use in an age discrimination case but they are considered circumstantial evidence. Circumstantial evidence is hard to prove in some courts. Some circumstantial evidence claims can be that the plaintiff is more than 40-years-old, was well trained for the job, or the layoff was an adverse employment action.