Severance Agreements And Release Of Claims
There are a number of issues that need to be addressed in the context of the typical broad authorization to protect the employee:  See Torrez v. Public Service Company of New Mexico, Inc., 908 F.2d 687 (10th Cir. 1990); cirillo v. Arco Chem. Co., 862 F.2d 448 (3d Cir. 1988) (the worker`s renunciation was voluntary and knowingly, where he was warned of the equality of labour laws, encouraged to consult the labour relations representative and specifically dismiss Title VII).  See z.B. Wastak v. Lehigh Health Network, 342 F.3d 281 (3d Cir. 2003) (courts must consider all the circumstances “to determine whether the execution of a waiver was “knowingly and voluntary”); Smith v. Amedisys, Inc., 298 F.3d 434 (5th Cir. 2002) (“[i]n In determining whether a release was carried out knowingly and voluntarily, this court adopted a “full circumstances” approach”). Even courts that apply normal contractual principles generally take into account the circumstances of the application of the exemption, the clarity of the exemption, and whether the worker was represented or deterred by counsel.
See z.B. Whitmire v. WAY_FM Group, Inc., 2008 WL 5158186 (M.D. Tenn. Dec. 8, 2008) (when a court found that a waiver was sweaty and voluntary, a court found that the employee had at least 21 days to review the agreement, asked questions that resulted in a revised agreement, sought advice from a lawyer, but ignored him and decided to sign the agreement, had seven days, after signing the agreement to revoke it, and decided not to, admitting that she understood what she was signing). Yes. Even if a waiver complies with the requirements of OWBPA (see Q&A 6 above), the waiver of age rights, such as waiver of Title VII and other discrimination rights, is invalid and unenforceable where an employer has used fraud, unlawful influence or other inappropriate behaviour to compel the worker to sign or if it contains a material error. Omission or misrepresentation. Example 9: An employee was fired and received ten weeks of severance pay in exchange for signing an agreement that waives all of her potential rights to discrimination. . .