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What agency required to challenge ADEA waiver?

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nvJob

Member
What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)? Ohio

Hello, the EEOC site states waivers / release of claims involving ADEA must meet a minimum of requirements in order to be valid. I am assuming since it is mentioned on their site that would be the agency to file a challenge with. Does anyone know for sure? I haven't been able to find out for sure on their site.

Thanks
 


Beth3

Senior Member
For an ADEA waiver to be valid, the employer must offer "consideration" in excess of what the employee would be entitled to, advise the employee in writing that they have the right to see an attorney, provide the employee 21 days to decide whether to sign and another 7 days to revoke their signature.

What is it you want to challenge? If you signed an ADEA waiver that didn't include those provisions, then the waiver is invalid and you are free to pursue a complaint of age discrimination. You can't challenge the agreement per se. It's either valid or it's not.
 

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