Q. Are there any special requirements for waiver-and-release agreements?
A. One significant special requirement applies to agreements for workers age 40 and older. In order to create an enforceable release of claims under the Age Discrimination in Employment Act, the agreement must contain very specific information, and there are strict time limits that also apply. If the agreement is part of a termination of more than a single person—a layoff, for example—even more requirements apply.
Always consult your attorney before presenting such an agreement to employees.
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