If your employer decides to terminate your employment, you can get severance pay requiring you to waive your right to sue for unlawful dismissal because of age, race, gender, disability and other types of discrimination. While most signed waiver statements are enforceable if they comply with certain contractual principles and legal requirements, an employer cannot legitimately restrict your right to testify, attend or participate in the EEOC investigation, hearing or proceeding or prevent you from filing a complaint against discrimination with the Agency. Nor can an employer legally require you to return the money or benefits they gave you in exchange for assigning your rights when you file an indictment. While this document does not cover all the issues that arise when your employer informs you that you are fired or laid off, the following checklist can help you decide whether or not you sign a waiver. In Appendix B, you will find an example of an agreement granted to employees who are dismissed or dismissed in accordance with a group exit incentive program. The example below illustrates how the required OWBPA information can be presented to employees as part of a waiver agreement and should not suggest that employers must adhere to this format. On the contrary, any waiver agreement should be individualised on the basis of an employer`s specific organisational structure and the understanding and training of employees in the unit of decision that resered the dismissal. Another example of how the necessary information could be presented can be found in 29 C.F.R. The signature of the worker and the maintenance of the consideration usually means acceptance of the terms of the contract.
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