J. Madison PLC
Practice AreasAge (ADEA)
Age Discrimination Lawyers
Age bias rarely announces itself. It shows up as “energy,” “culture fit,” RIF lists that skew older, or severance scripts that push retirement. We litigate ADEA claims for workers 40 and over and evaluate VHRA age theories for Virginia employees.
J. Madison PLC is licensed in Virginia. We handle Virginia employment matters and federal employment claims (including EEOC, MSPB, FCA, and Defense Contractor Whistleblower Protection Act matters) nationwide where permitted. Pure other-state law claims may require local counsel, which you may be able to find through our affiliate network.
ADEA patterns we see
The ADEA prohibits age discrimination in hiring, pay, promotion, and termination for covered employees 40+. Proof often comes from replacement ages, statistical RIF skew, and coded language — not a confession.
- RIFs and “reorganizations”: Older workers selected while younger, less-experienced colleagues remain.
- Forced exit packages: Pressure to retire or accept diminished roles after decades of strong reviews.
- Waiver traps: Severance releases targeting ADEA rights have special rules. Do not sign blind — see Executive Contracts & Severance.
Virginia and federal paths
ADEA claims generally require a timely EEOC charge. Virginia VHRA may add state tools. Cloud Counsel is secondary evidence support while deadlines run.
Underwriting age cases
We pressure-test comparator ages, performance history, and whether “restructuring” was a pretext. Contingent-fee acceptance depends on facts and damages — never guaranteed.
Cloud Counsel
Capture RIF lists, age comments, and comparator replacements in Cloud Counsel before underwriting.
Learn how Cloud Counsel worksFrequently Asked Questions
What age does the ADEA cover?
Generally employees age 40 and older at covered employers. Younger-than-40 favoritism theories do not run through the ADEA the same way.
Is being replaced by someone younger enough?
It helps, especially with other circumstantial evidence, but is not always sufficient alone. We build the full pretext record.
Should I sign an ADEA waiver in severance?
ADEA waivers have specific validity rules and consideration periods. Get counsel before you sign away claims.
Can age cases be contingent fee?
Often when facts and economics support underwriting. Acceptance is not guaranteed.