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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12792
Experience:  Significant experience in all areas of employment law.
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for a protected class, how long do they have to sign a release

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for a protected class, how long do they have to sign a release -

Hello and thank you for entrusting me to answer your question.

Generally speaking, the law in California does not require an employer to present a waiver any particular length of time prior to the employee signing it. The requirement is simply that the waiver be signed by the employee "knowingly and voluntarily."

However, there exists an exception to this general rule where the waiver contains waiver of the right to sue under the Age Discrimination In Employment Act. If a waiver contains such a clause, the employer MUST give it to the employee at least 21 days before they demand that the employee sign it, and 45 days before if they are giving similar waivers to at least one other employee at the same time.


If the waiver is part of a severance proposal, the employer is free to revoke the severance proposal at any time if the employee takes too long to sign.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Patrick, Esq. and other California Employment Law Specialists are ready to help you