Under ADEA, a staff member is not required to return severance pay – or any other consideration they received to sign the waiver – before they can claim age discrimination. [14] However, according to Title VII, the ADA or the EPA, the law is less clear. Some courts find that the validity of the waiver cannot be challenged unless the worker returns the consideration, while other jurisdictions apply ADEA`s “No Tender Back” rule to rights invoked under Title VII and other discrimination laws and allow employees to pursue their rights, Without returning the counterpart first. [15] Example 4: An employee was informed that his business was being reduced and that he had 30 days to choose a voluntary or involuntary separation. The worker opted for voluntary separation in exchange for severance pay and supplementary pensions and signed a waiver statement that read: “Me. . . To exempt [my employer] from any claims I have or may have arising out of my employment or employment, dismissal or dismissal. The employee then filed a complaint, claiming that he had been dismissed because of his race and national origin. [15] Cf. z.B.

Blackwell v. Cole Taylor Bank, 152 F.3d 666 (7th Cir. 1998) (given the possibility that workers claiming rights for non-aging will still be “obliged” to “return” their consideration) and Hampton v. Ford Motor Co., 561 F.3d 709 (7th Cir. 2009) (given the possibility that there may be no exception to the “redemption rule” in this case of Title VII, the worker must return – or at least offer to return – the consideration received before challenging the validity of the declaration of renunciation); see Rangel v. El Paso Natural Gas Co., (since the main purpose of ADEA and Title VII is to facilitate a worker`s challenge to discrimination, workers asserting title VII rights should not be required to repay their severance pay before the appeal is filed). If you use a single template for all your layoff agreements, do it wrong. There are some things you shouldn`t do in termination agreements for employees over 40….