Los Angeles Office Location
Hennig Ruiz & Singh
Not sure if you have a legal case? Call us to talk to a lawyer:
Free Consultations
One Of The Most Successful Workers' Rights Trial Law Firms In California

Employment law, severance packages and ADEA waivers

Over time people in California will continue to get older, but that does not mean that once they hit a specific age that they automatically lose the ability to do their jobs. Also, many older employees need to keep working in order to pay their bills and provide for their families. However, many companies feel that it is either cheaper or better for the company to keep their workforce younger. Therefore, they will offer severance packages and other incentives to get their older employees to quit.

Under the Age Discrimination in Employment Act of 1967 (ADEA), older employees are protected from being discriminated against or fired based on their age, and by themselves, these severance packages would violate that law for wrongful termination. However, the law also allows the employee to waive their ADEA claims in exchange for the severance package or other form of compensation. In order for it to be a valid waiver of their ADEA claims, though, it must meet certain criteria.

The first requirement is that the waiver must be in writing and written in a way that is understandable to the employee. It has to specifically refer to ADEA claims and not just a general statement about claims against the company. The waiver must also be in exchange for compensation, which is in addition to what the employee would already be entitled to such as a pension or payment for unused vacation time. Finally, the employee must be given time to consult with an attorney of their choosing and be given time to consider the offer before signing.

Many older employees in California are offered incentive packages to get them to leave their employment. For the most part, the company cannot just fire these employees, because it would be a violation of the ADEA. However, they are allowed to offer severance and other incentives in exchange for the employees' waiver of ADEA claims. It is important for employees to understand their rights though before signing these agreements, so they can make decisions that are in their best interests.

No Comments

Leave a comment
Comment Information
  • Super lawyers
  • California Employment Lawyers Association
  • Consumer Attorneys Association of Los Angeles

What Our Clients Say About Us

  1. I needed great attorneys in a short period of time, it was an emergency situation. Some research led me to the Hennig, Ruiz & Singh. We spoke on the phone and they had me come into the office and started on my case immediately. They got me exactly what I wanted and did it in the shortest amount of time possible. They were caring, fair and extremely good at what they do. I definitely would recommend them to anyone. -Scott Rooney

  2. If you are looking for legal representation I would suggest for you to consider Hennig, Ruiz & Singh. Put succinctly, their legal team was intelligent, hard working, responsive, and very knowledgeable throughout our time working together. While I of course cannot divulge details about the assistance that the firm provided for me, I can and will say that their representation was pivotal and changed my life for the better beyond words... -Shane Guglielmo

  3. I went to this firm to have a separation letter reviewed and met a young lawyer named Janet Hong. She was extremely friendly, professional, thorough and quick. She reviewed the documentation promptly and gave me actionable advice. I was able to resolve everything quickly. I would not hesitate to recommend Janet to anyone seeking legal services. -Brendan Hagerty

Schedule a Free Consultation

Ready To Start Protecting Your Rights? Call 213-985-1305

Not Sure Whether You Need Lawyer?

Answer a few questions to see whether you have a case.
Get Started Here

Office Location

Hennig Ruiz & Singh
3600 Wilshire Blvd.
Suite 1908
Los Angeles, CA 90010

Toll Free: 800-260-6542
Fax: (213) 310-8302
Map & Directions

Free Consultations

Contact Us