John A. Klassen, PA Minnesota Employment Law Attorney
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Waiving rights under the Age Discrimination in Employment Act

Employees over the age of 40 have certain rights under the Age Discrimination in Employment Act of 1967. This act gives employees the right to certain protections from termination or discrimination based on the employee's age. These protections apply in a variety of situations and employers can be held liable for violating this act.

However, there are certain situations where employers or employees may want a specific person to waive the person's rights under the ADEA. According to the U.S. Equal Employment Opportunity Commission, it is possible to waive rights under the ADEA in certain situations. In order for the waiver to be valid, a variety of requirements must be met.

First, the waiver must be written and it must be understandable to the individual signing it. Next, the waiver must specifically mention the rights that the individual is giving up under the ADEA. The writing must also advise an individual to consult with an attorney about waving these rights before signing the waiver.

The waiver must also give individuals a specific amount of time to consider the agreement before the individual has to sign. For an individual waiver, the agreement must give at least 21 days to the person signing it. If it is a group waiver, members of the group must have 45 days to consider the agreement before signing it.

Additionally, a waiver must be made in exchange for valuable consideration. This consideration must be above any other financial rights that the employee is already owed.

It is important for individuals to understand their rights under the ADEA, especially when considering waiving those rights. An attorney can help individuals understand whether not age discrimination has occurred and whether or not they have a right to take legal action.

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