Separation Agreements
SubGrapHR
73 Posts
In the language of a separation agreement, I read a waiver stating that the person waives the right to sue based on any and all applicable laws including, ADA, ADEA, Title VII, FLSA etc. etc. It was my understanding that though a person may sign this agreement, it does not necessarily prevent them from filing a suit based on an infraction covered by an act, law, etc. outlined in the separation agreement. Can anyone add to this for me? Is this true, untrue? Please advise.
Comments
That is my understanding. There are certain laws/rights that cannot be waived...even with a release. However most employees don't realize it, but think that it is waiving any and all claims. And therefore never file a claim that might make it's way past the waiver.
Ours has the following statement: "Notwithstanding the foregoing, this Waiver and Release will not be construed to interfere with my statutory rights to file a charge with the EEOC and participate in an EEOC investigation or proceeding, but only to the extent 29 USC 626 (f)(4) preclude interference with such rights." I've never looked up 626 (f)(4) honestly...have never had to do so. I do not know whether this goes beyond filing a charge and into the filing of a lawsuit arena.....but it is my understanding that a waiver protects the company about 99.9% of the time. I would much rather get one signed than not.