Age Discrimination Rights Lawyers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

Find a Lawyer

What Does a Waiver of Age Discrimination Rights Do?

When an employee waives the right to sue for age discrimination under the Age Discrimination in Employment Act (ADEA), that employee's claims of age discrimination will be dismissed if the employer can prove the waiver is valid. 

When are Such Waivers Valid?

Under the Older Worker's Benefit Protection Act (OWBPA), such waivers must be made knowingly and voluntary to be valid, which means they must:

Must I Return the Waiver Compensation if I Still Want to Bring an ADEA Claim?

No, you need not return any benefits or severance pay given in exchange for the waiver to file ADEA charges, and employers cannot make contractual agreements requiring the compensation's return in the form of attorney fees or monetary damages in case of suit.  Also, the filing of such a suit does not end the employer's obligations under the waiver. 

Should I Consult a Lawyer about a Waiver of Age Discrimination Rights?

Pursuing an age discrimination claim can be complicated and frustrating.  An experienced employment lawyer can help you with federal and state filing deadlines for your claim and help you investigate and pursue alternative remedies.

Consult a Lawyer - Present Your Case Now!
Last Modified: 11-11-2011 03:49 PM PST

Find the Right Lawyer Now

Did you find this article informative?

Link to this page

Law Library Disclaimer

Age Discrimination Rights Lawyers,  age discrimination rights, discrimination rights lawyers, waiver age discrimination, age discrimination, age, discrimination