When An Employee Leaves, Agreements Become Critical
The foundation of many successful employer-employee relationships lies in well-crafted and well-understood severance agreements. One or both parties’ failure to understand the significance of these agreements often results in costly litigation.
At Krevsky Bowser, we represent employees in severance agreement cases. Reviewing these agreements, we make sure they are fair for our clients.
Employees who are terminated are often required to sign a release, waiving their right to file a claim against their former employer after they are fired. The Older Worker Benefit Protection Act requires that an employee signing such a waiver of claims for age discrimination makes a knowing and voluntary release of claims only if the waiver:
- Is in writing
- Is reviewable for 21 days
- Advises the employee to consult an attorney
- Provides the employee with additional consideration (that is, it offers benefits that the employee does not already have a right to)
The employee also has a seven-day right of revocation, in which the employee can revoke the agreement.