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Waivers under the ADEA. Waiver must be part of written agreement with employee Waiver must refer to the rights or claims under the ADEA Waiver does not affect claims arising after the waiver is signed Consideration must be given in return for the waiver

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waivers under the adea
Waivers under the ADEA
  • Waiver must be part of written agreement with employee
  • Waiver must refer to the rights or claims under the ADEA
  • Waiver does not affect claims arising after the waiver is signed
  • Consideration must be given in return for the waiver
  • Employee is advised, in writing, to consult an attorney
  • Employee given at least 21 days to consider waiver, or at least 45 days if part of incentive offered to group or class of employees
  • Employee may revoke waiver for at least 7 days after signing it
  • If waiver part of incentive program, more information must be provided
  • Waiver does not affect EEOC enforcement of the ADEA