All posts tagged 'age dsicrimination'
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Posted @ 4/14/2010 12:11 PM By MBAHRO
Note these legal age issues when planning to layoff employees.
The Older Workers Benefit Protection Act (OWBPA) provides additional protection to employees covered by the Age Discrimination in Employment Act (ADEA). The OWBPA affects downsizing employers in two ways.
First, the OWBPA places strict requirements on an employee's release of an ADEA claim. Requirements include:
It requires such a release to be in writing as part of the information given to the employee during the layoff.
Employees must be able to easily understand the release. (the "knowing and voluntary requirement").
The employee must be advised to consult with an attorney after the day of the layoff.
Employees must be given a 21-day consideration period to evaluate the release
The employee must be given a seven-day revocation period after signature.
Second, the OWBPA includes potentially dangerous conditions for group layoffs. If an employer offers severance and an associated release to ...
Posted @ 3/4/2010 6:07 PM By MBAHRO
How to avoid age discrimination issues during layoffs.
There are a variety of reasons for an employer to offer severance to an employee who is separating from employment (e.g., to settle threatened or actual litigation, as a goodwill gesture in the event of a layoff), but in virtually all situations, the employer is going to insist that the employee sign a release as a condition to receiving the settlement payment.
This article outlines some of the most important issues, specific to age discrimination, employers should consider when drafting such waivers. In all circumstances, it is advisable that outside counsel review all agreements.
The Age Discrimination in Employment Act (ADEA) has a list of requirements that must be incorporated into your release. They focus on making sure the departing employee does not waive any right or claim under ADEA unless the waiver is “knowing and voluntary”. This means the release must:
Be "written in a manner calculated to be understood ...