The letter is not a final determination on the merits of the claim, merely a statement by the EEOC that it will not pursue the matter into Federal Court. The EEOC has issued guidelines for determining the enforcement priority of the various laws it enforces. Click here to see that policy statement. Depending on the facts of the case, a violation could occur if a person were terminated because of her age even if she were replaced with a worker who was over 40 but younger than the terminated employee. The Court may also order injunctive relief to enforce future compliance with the Act.
All cases are different.
In each case one or more of the following factors may be more important or less important than others. During a legal reduction in force, as a result of an involuntary termination or voluntary termination or retirement, an employer might offer a severance package which contains a release and waiver of the employee's ADEA rights.