My offer letter includes a severance payment of 3 months provided I execute a binding release.
My separation agreement has "General Release and Waiver of Claims" which includes everything,including claims based on age or age discrimination
act, older workers benefits protection act etc.
I looked at General Rules for employees over 40 and OWBPA
act says among other things:
1.The Company not require the employee to waive rights or claims arising after the date the employee signs release. If the company wants it is it not illegal? Unenforceable?
2. The law also states the company must give 21 days notice and must state the employee has 7 days to change his mind and revoke
3. And it says that if these time periods are not specifically included in the release, then the release is unenforceable.
Is my understand correct that even if I sign the agreement as it is (meaning waiving the age discrimination and older worker benefits protection act), it is not enforceable by the company because they didn't give 21 days notice nor did they specifically say in the separation agreement that I have 7 days to change my mind and revoke it? Please clarify. Thanks.