Our office remains open to serve your important legal needs during these turbulent and challenging times. We are happy to schedule client consultations and client meetings by telephone or video-conference at your request.
Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Severance agreement requirements for older departing employees

In these times of discrimination awareness, employers must take extra care with the documents they provide to their employees.

Among these are severance agreements for departing employees aged 40 or older, which must adhere to EEOC, ADEA and OWBPA requirements.

About the severance agreement

A severance agreement is a contract between an employer and a departing employee. It provides the former worker compensation in some form in exchange for agreeing to certain post-employment limitations.

Specific language requirements

The Equal Employment Opportunity Commission (EEOC) requires that the language in the severance agreement for older employees not be “overly broad and misleading.” The language must be clear, free of legal jargon and complex sentences. The reader must be able to understand that by signing the document, he will waive certain rights. There must be no ambiguity. If the agreement is not well-drafted, it might not be enforceable in court.

Infringement issues

The former employer might also face liability if the agreement infringes upon the former employee’s right to bring a charge of discrimination against the company or to cooperate with this kind of investigation. The employer also risks liability for violating the law regarding the type of language that must appear in a severance agreement for a departing employee aged 40 or older.

Timing provisions

Both the Older Workers Benefit Protection Plan (OWBP) and the Age Discrimination in Employment Act (ADEA) figure into the severance agreement for the 40 and older employees in terms of timing. The recipient of the agreement must have a minimum of 21 days in which to consider it. There must also be a reference to the ADEA in the content along with a recommendation for the departing employee to seek legal guidance before signing.

“I used the Bryan E. Kuhn, Counselor at Law, P.C. team to help me with a case. They were always professional, upfront, and positive providing guidance while keeping me informed.”
– L.H.

“Everyone at the firm was professional, responsive and courteous. I would definitely recommend this firm if you are in need of superior legal assistance.”
– J.S.

“Bryan and his law firm operate with great professionalism and personal touch. I appreciated the way he and his team offered transparent communication.”
– N.S.

“The team was very professional in helping me to get through an uncomfortable ADA situation at my workplace. This was a very good legal experience. I would recommend Bryan E. Kuhn & team to anyone who needs work related legal help.”
– D.L.

“Bryan, Katie, and all the staff in this office are super fast to respond, expert in their fields, and always helpful. We have been extremely pleased with their services for our small business.”
– T.Z.

Archives

Contact Our Firm

Office Location

Bryan E. Kuhn, Counselor at Law, P.C.
1660 Lincoln Street Suite 2330
Denver, CO 80264

Local: 303-424-4286
Toll Free: 866-693-5541
Fax: 303-425-4013
Denver Law Office Map
FindLaw Network
Click for the BBB Business Review of this Attorneys & Lawyers - Employment Litigation in Denver CO