The Age Discrimination in Employment Act — or ADEA — and the Older Workers Benefit Protection Act — or OWBPA — protect the rights of workers over the age of forty.
If you were terminated and replaced by a younger worker because of your age, then you may have a claim under the ADEA. The fact that your company experienced down-sizing, a reduction in force ("RIF") or "eliminated" your position, does not necessarily preclude a claim pursuant to the ADEA.
All ADEA claims must first begin with a Charge of Discrimination filed with the Equal Employment Opportunity Commission. The attorneys of Strelka Law prefer to draft all Charges of Discrimination on behalf of their clients. While we will still consider representing you if you have already engaged in the EEOC investigative process, due to the importance of the exact wording needed within your Charge of Discrimination, your claim may not be able to succeed in court should you wish to file a lawsuit.
Please consult with us prior to contacting the EEOC. The ADEA has strict deadlines. In most states, the Charge of Discrimination must be filed with the EEOC within 180 days of the alleged act of discrimination. After the EEOC has concluded their investigation and you receive the Notice of Right to Sue, you will have 90 days within which to file a lawsuit should you choose to do so.
The OWBPA is a law that governs severance agreements and employment agreements. If you have been offered a severance agreement and you are over forty years of age, contact Strelka Employment Law to see if you have a right to additional severance under the law.