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Employment Law - ADEA Claims

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Maxine is offered an early retirement incentive in exchange for her signing a waiver of any ADEA claims she might have, arising out of the early retirement plan. She is presented with the offer on June 9, 1997, and told she has until June 13 to accept the offer and sign the waiver. She signs the waiver on June 11 and later wishes to bring an ADEA claim based on some aspect of the early retirement plan. Will the waiver preclude her claim? Explain.

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Solution Summary

The solution addresses an employee who signed a waiver and then filed an ADEA claim in regards to an employee who was offered an early retirement plan.

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You must fully understand the terms of the agreement to see if the waiver will preclude her claim. Below are two clear examples on how the waiver will not hold up in court and how the waiver will hold up in court. I have attached the EEOC section on employee severance agreements to expand your knowledge and help you with your studies.

Maxine is offered an early retirement incentive in exchange for her signing a waiver of any ADEA claims she might ...

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