Thank you for your reply. There would be absolutely no way to guess whether or not you have a case that would be found to be substantiated either by the EEOC or the courts without having all of the facts, including those from the employer's perspective. I can though tell you what the law requires in order to have a substantiated case of age discrimination under the ADEA.
This particular type of discrimination is the most difficult to prove. The reason is because of how Congress wrote this statute. It requires that the plaintiff prove that the only reason, not just one reason, the person was terminated was because they are over 40 years of age. That is an extremely difficult threshold to meet unless the person hired to replace you was under 40, there is absolutely no other reason they decided to let you go, and they have a pattern of actions or statements that indicate they discriminate against workers over 40.
So, those are the issues that you need to consider when deciding whether to waive your rights to file suit and take a severance payment. The other issue is that you will have to finance any litigation, if the EEOC cannot resolve the issue in your favor. In other words, law firms do not take these types of cases on contingency basis and they can drag on quite a while. Of course, you can file a complaint with the EEOC and see where it goes, but in order to pursue it any further you would have to have declined to sign a severance agreement.
Your other option is to get a local attorney to try to negotiate a larger settlement agreement for you.
Please let me know if you need any clarification. If none, then if you could take a moment to leave a positive rating of my efforts to explain the law of your issue to you, then the Site will give me credit for assisting you today. Thank you