‘Knowing and Voluntary’—Tricky Requirements
A waiver in a severance agreement is only valid when an employee “knowingly and voluntarily” consents to the waiver, say attorneys Lloyd Aubry and Armilla Staley-Ngomo. Reaching that standard can be challenging. The rules for waivers under the Age Discrimination and Employment Act (ADEA) are defined by the Older Workers Benefits Protection Act (OWBPA). Rules […]