Waivers

Waivers are designed to prevent employees from suing employers. But they must be written correctly and implemented fairly in order to prevent them from becoming the basis of employee lawsuits under the Older Workers Benefit Protection Act (OWBPA).

 

Applicable Law(s): Older Workers Benefit Protection Act (OWBPA)

 

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NEWS/ARTICLES

EEOC Issues Technical Assistance Document On Waivers In Severance Agreements 

 

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FAQs

1. What criteria must a waiver meet to be considered "knowing and voluntary" under the Older Workers Benefit Protection Act (OWBPA)? 
   
   
2. If a waiver is deemed invalid, must an employee return the consideration he/she originally received in exchange for signing it before he/she can file a discrimination lawsuit?
   
   
3. What factors do the courts consider when determining the validity of a waiver?
   
   
4. What can employers do when drafting and executing waivers to make sure that employees can't later claim that they didn't knowingly and voluntarily waive their right to sue?