By now you know that a number of different laws (and governing bodies) impact your severance arrangements. You know that waivers need to withstand EEOC scrutiny (click here for a review) and that your arrangement may be subject to ERISA (click here and here for a review.) Many employers when crafting severance arrangements and agreements […]
Can Your Severance Agreements Withstand an EEOC Challenge?
I wrote about severance agreements in 2013 here, here and here, where I addressed the key elements needed for an enforceable severance agreement, and compliance with the Older Workers’ Benefits Protection Act OWBPA. This time, we are going to look at other facets. There are very few (if any) employment law topics on which the EEOC […]
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 […]