As promised, this week The Emplawyerologist will devote its time to the special rules that apply to severance agreements offered to employees over 40. The Older Workers Benefits Protection Act (OWBPA), which is part of the Age Discrimination in Employment Act (ADEA) imposes specific requirements regarding severance agreements, and particularly release provisions in severance agreements. While the OWBPA most often applies to involuntary terminations and reductions-in-force, its rules will also apply to early retirement plans, exit incentive plans and voluntary departures where the employer asks the employee to sign a release.

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