Example 3: A dismissed employee of her position at an automotive assembly plant has agreed to exempt her employer from claiming $100,000 in compensation. After signing the waiver and cashing the cheque, she filed a complaint claiming that she had been harassed and discriminated against by her colleagues during her employment. A court found that the employee`s waiver was a whirry and voluntary considering all the circumstances related to his performance: the staff member attended university and took paralious courses including a contract course; she had no difficulty reading; the agreement was clear and unequivocal; she had enough time to think about whether she should sign it; she was represented by a board; The employer`s cash payment was an appropriate consideration; and did not offer to return the payment it received for the signing of the waiver declaration. [9] (iv) The purpose of the information requirements is to provide a staff member with sufficient information about the program to enable the employee to make an informed decision whether or not to sign a waiver agreement. If an outgoing worker is 40 years of age or older and the language of release must include potential rights under the Age Discrimination in Employment Act (ADEA) of 1967, the release agreement must meet all legal requirements of the 1990 Older Workers Benefit Protection Act (OWBPA). Of course, as with any contract, a legal review is required to seal the release contract. The consideration is something of value (usually money) that goes between the employer and the outgoing employee such as severance pay. This must be severance pay to which the worker is not already entitled under the worker`s manual or an employment contract. Consideration must go beyond what the employer already gives to the outgoing employee. [22] See Butcher v. Gerber Products Co., 8 F.

Supp. 2d 307 (S.D.N.Y. 1998) (for legal and political reasons, an employer may have only one chance to comply with the requirements of the OWBPA and cannot « cure » an erroneous authorization by sending a letter containing the necessary information to the OWBPA, which has been omitted from their separation contracts, and requires either that they « confirm » their acceptance or « revoke » the authorization.