This document answers any questions you may have if a severance agreement is offered to you in exchange for waiving your real or potential rights to discrimination. Part II contains basic information on severance agreements; Part III indicates the validity date of the waiver; and Part IV deals specifically with the exception of age discrimination rights, which must comply with the provisions of the Seniors Protection Act (OWBPA). Finally, this document contains a checklist with advice on what to do before signing a waiver in a severance agreement, as well as a sample of an agreement offered to a group of employees that gives them the opportunity to withdraw in exchange for severance pay. If an employee who has signed a waiver subsequently files a discrimination complaint, the employer will argue that the court should dismiss the case because the employee has waived the right to sue, and the employee will respond that the waiver should not engage the employee because it is not legally valid. Before the worker`s right to discrimination is verified, it is first a court that decides whether the waiver is valid. When a court finds that the waiver is not valid, it rules on the worker`s right to discrimination, but rejects the right when it finds that the waiver is valid. Example 7: An employee who received enhanced compensation in exchange for waiving her right to challenge her dismissal subsequently filed a complaint. In finding the validity of the waiver, the court found that because the waiver clearly stated that it had released all claims it “may or now” does not require it to renounce future claims after the waiver has been signed.  Example 8: A staff member who was informed that his dismissal was the result of a “reorganization” signed a waiver for severance pay. After hiring a younger person to do his old job, he filed an age discrimination complaint. The company then changed its position, stating that the real reason for the employee`s dismissal was his poor performance.
The employee submitted that his waiver for fraud was not valid and that if he had known that he was being dismissed for allegedly poor benefits, he had suspicions of age discrimination and would not have signed the waiver. The Tribunal found that the fraud was sufficient grounds to find the waiver invalid.  Nevertheless, the worker may accept and sign the termination of the employment contract before the expiry of that period, if he wishes, but under no external pressure. While it is important to pass the severance agreement in the best possible way, you also need to consider your entire redundancy or RIF process to make sure that you are doing everything you can to deny the hard feelings when you let someone go. You agreed to resign on the _______X_______ day. Your last day of work is _______X_______ date.