Revising Employee Release & Waiver Agreements - Attention to Details Counts

Many employers routinely require terminated employees to sign a general release of any claims against the company as a condition to receiving severance benefits, or to participating in an early retirement program. General releases almost always include a release of any claims under the Age Discrimination in Employment Act (“ADEA”), at least if the employee is age 40 or above. However, a recent ADEA case decided by the U.S. Court of Appeals for Eighth Circuit may require employers to revise the terms of their general release to make sure it is valid under the Older Workers Benefit Protect Act (“OWBPA”), which amended the ADEA.