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Laying Off Someone Over 40? Check Your Release…

February 7, 2019 by theemplawyerologist 1 Comment

Laying Off Someone Over 40? Check Your Release…

Your company is about to conduct some layoffs. That’s common enough. You don’t want to be sued. So you offer the employee severance benefits along with a release. Since your employee is over 40 years old, you really don’t want to deal with age discrimination claims. So you include in your waiver any claims under […]

Severance Agreements and the Older Workers Benefits Protection Act

February 21, 2013 by theemplawyerologist 61 Comments

Severance Agreements and the Older Workers Benefits Protection Act

As promised, this week The Emplawyerologist will devote its time to the special rules that apply to severance agreements offered to employees over 40. The Older Workers Benefits Protection Act (OWBPA), which is part of the Age Discrimination in Employment Act (ADEA)  imposes specific requirements regarding severance agreements, and particularly release provisions in severance agreements. While the OWBPA […]

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