If you terminate older workers, you may try to get them to waive their rights under the Age Discrimination in Employment Act in exchange for letting them keep their severance. This applies whether the employee’s termination is voluntary or involuntary. The EEOC recently proposed tighter regulations you must meet if you seek this waiver. Example: The EEOC reinforced a 1998 U.S. Supreme Court decision that employees may keep their severance, even if they sign a waiver and then want to sue under the ADEA. The EEOC also proposes that even if one of your employees successfully challenges the validity of your waiver agreement, you must honor that agreement with other employees.
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