Severance Agreements and/or Age Discrimination

Employers typically provide to employees at the time of termination or lay-off a written severance agreement that asks the employee to release all claims against the employer in exchange for some amount of severance pay or other benefits such as outplacement services, continuation of health insurance benefits, etc. Even though such severance agreements generally require that the employee give up all rights to sue the employer for discrimination or wrongful discharge, they can still be a sensible way to resolve an employment dispute.

If you are over age 40, the release must include language suggesting that you consult an employment attorney and must allow you at least 21 days to consider the offer plus an additional 7 days after you sign such a release to revoke it. If you are over age 40 and laid-off as part of a reduction-in-force or downsizing, your employer must also provide you with a list of all employees included in the reduction, as well as their job titles and ages.

If you have been offered such a severance agreement, please fill out the Severance Form.