Age Discrimination Rights Lawyers
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When Are Age Discrimination Rights?
The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees based on the employee’s age. The law protects against age discrimination in all aspects of the employment relationship, from the interview process to salary, job evaluations, terminations, end retirement benefits. Although age cannot be the basis for favoritism, employers are allowed to base their decisions upon a person's job experience, which can be related.
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. In order for the waiver to be valid, there have been specific requirements that need to be met.
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:
- Be in exchange for compensation beyond that which the employee is already entitled, such as early retirement benefits or a severance package
- Be written in plain English
- Specifically refer to ADEA rights or claims
- Not waive any rights or claims arising after the waiver's date
- Suggest in writing that the employee consult an attorney before signing
- Allow the employee at least 21 days to consider the waiver (or 45 days if part of an exit incentive or termination program) and at least 7 days to revoke the waiver
Must I Return the Waiver Compensation If I Still Want to Bring an ADEA Claim?
In usual situations, if an employee wants to sue an employer after signing a waiver of the rights to sue, the employee must return or give back any compensation of severance received in exchange for giving up the rights to sue. However, this rule does not apply to employees who want to file age discrimination lawsuits.
Also, the filing of such an ADEA claim does not end the employer's obligations under the waiver.
Should I Consult an Employment Lawyer?
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: 09-03-2014 11:47 AM PDT
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