Group Layoffs and ADEA Releases
Do you need to reduce your workforce by more than one employee? If you do, and you want to obtain a valid and enforceable release under the Age Discrimination in Employment Act because one or more of the affected employees are at least forty years old, there are a number of requirements you must satisfy.
These requirements include giving the employees forty years of age and older at least forty-five days to review the release agreement, allowing these employees up to seven days to revoke the release agreement, identifying the “decisional units” in the release agreement, and disclosing in the release agreement the job positions and ages of the employees in each of the decisional units. The failure to meet just one of the requirements could result in the ADEA release being unenforceable.