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Separation / Severance Agreement review

Separation / severance agreement with ADEA waiver (OWBPA § 626(f)) and NLRB *McLaren Macomb* compliance.

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What it checks

OWBPA / ADEA waiver — 21 / 45-day consideration period

Separation agreements with employees 40+ must give 21 days (or 45 days for group terminations) to consider the ADEA waiver.

Critical · EMP-015

OWBPA — 7-day revocation period

ADEA waivers must give a 7-day revocation period after signing (§ 626(f)(1)(G)).

Critical · EMP-016

OWBPA — advised to consult counsel

ADEA waiver must advise the employee to consult counsel in writing (§ 626(f)(1)(E)).

Critical · EMP-017

OWBPA — specific reference to ADEA

ADEA waiver must specifically reference ADEA / 29 U.S.C. § 621 et seq. (§ 626(f)(1)(B)).

Critical · EMP-018

Group termination — § 626(f)(1)(H) disclosure

Group terminations (RIF) must include the § 626(f)(1)(H) decisional-unit / job-titles-and-ages disclosure.

Warning · EMP-019

McLaren Macomb — overbroad confidentiality / non-disparagement

NLRB McLaren Macomb (Feb. 21, 2023) held that offering severance terms that broadly restrict Section 7 rights violates NLRA § 8(a)(1).

Warning · EMP-020

Protected-rights carve-out

Separation agreements must preserve employee's right to communicate with government agencies (SEC Rule 21F-17, EEOC, NLRB).

Critical · EMP-021

Severance consideration over and above accrued amounts

Severance must be consideration over and above what employee is otherwise entitled to (§ 626(f)(1)(D) requirement for ADEA waiver).

Warning · EMP-022

California — § 1542 waiver (if applicable)

California separations should include the § 1542 waiver to release unknown claims.

Warning · EMP-023

Every run also applies 110 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.

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