Employment Law Questions? Ask an Employment Lawyer.
Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
First, such severance agreements are valid anywhere provided they comply with the Older Workers Benefit Protection Act which requires - 1) it is easy to understand, 2) specifically efers to ADA/OWBPA claims waiver, 3) does not waive rights to claims that arise after the release, 4) there is additional and good consideration in exchange for the release, 5) employee is advised to consult with an attorney, and 6) the employee has 21 (45 if mass layoff) days to consider the agreement.
I do not believe you have a OWBPA claim from what you've stated. I do think you have an Employee Retirement Security Act (ERISA) claim for management failing to tell you a better retirement offer was shortly on the horizon. This is generally considered an ERISA fiduciary violation. But, you'd have to prove they knew that deal was coming, but ignored it and allowed you to take the lesser deal instead. In other words, you have to prove what they knew, which isn't always easy.
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