What Are the Three Main Types of Property Law?
Yuriy Moshes October 12, 2026 10:32 am
What Are the 3 Types of Property Law and Property Rights? Property law inside the
Call For A Free Consultation - Available 24/7
Call For A Free Consultation - Available 24/7
When an employer offers a severance agreement, the document may include a provision requiring the employee to waive certain legal claims against the company. For employees age 40 and older, waivers involving age discrimination claims are subject to special federal requirements under the Age Discrimination in Employment Act (ADEA).
An ADEA waiver cannot simply be included in a severance agreement and automatically become enforceable. Federal law establishes specific requirements designed to ensure that employees understand the rights they may be giving up and have sufficient time to make an informed decision. These protections are found in the Older Workers Benefit Protection Act (OWBPA), which amended the ADEA.
Whether you have been terminated, laid off, or offered a separation package, understanding ADEA waiver requirements can help you evaluate your rights before signing a severance agreement.
AUTHOR YURIY MOSHES, ESQ
Founding Member of Moshes Law, P.C.
During his years of practice, Yuriy has concentrated in litigation
and real estate transactions as his areas of expertise
Before you waive important legal rights, have an experienced New York employment attorney review your agreement and explain your options. Contact us today for a confidential consultation.
The Older Workers Benefit Protection Act (OWBPA) strengthens protections for older workers and establishes the standards employers must follow when requesting an ADEA waiver.
Under the OWBPA, a waiver of age discrimination claims must be knowing and voluntary. The law requires employers to provide employees with adequate time to review agreements, encourages consultation with legal counsel, and limits the use of overly broad waiver language.
The purpose of these requirements is to ensure that employees have a meaningful opportunity to understand the agreement before giving up important legal rights.
The agreement must be written in a manner that is understandable to the employee or the average person who may be asked to sign it.
Employers should avoid unnecessary legal jargon, technical language, or confusing provisions that make it difficult to understand the rights being waived. Courts may consider the clarity of the agreement when evaluating whether the waiver was knowing and voluntary.
A valid waiver must specifically reference rights or claims arising under the Age Discrimination in Employment Act.
A general release of claims may not be sufficient. The agreement should clearly identify that age discrimination claims under the ADEA are being waived so the employee understands the scope of the release.
An employee may waive claims that already exist or that arose before the agreement was signed. However, employers generally cannot require employees to waive future age discrimination claims based on conduct that has not yet occurred.
This requirement helps preserve employee rights if discrimination occurs after the severance agreement is executed.
One of the most important ADEA severance agreement requirements involves consideration.
The employee must receive something of value beyond compensation or benefits the employer is already legally required to provide. Depending on the circumstances, consideration may include:
Without additional consideration, the waiver may not meet federal requirements.
The purpose of this review period is to allow employees time to:
Although employees may choose to sign before the review period expires, employers generally must provide the full consideration period required by law.
The review period increases to 45 days in certain group termination or exit incentive programs.
These situations commonly arise during workforce reductions, restructuring efforts, or company-wide layoffs involving multiple employees.
Because group terminations may raise additional age discrimination concerns, employers may also be required to provide specific disclosures relating to the program.
The review period and disclosure requirements may vary depending on whether the waiver is offered to a single employee or as part of a group layoff.
| Requirement | Individual Termination | Group Layoff / Exit Incentive Program |
|---|---|---|
| Review Period | 21 Days | 45 Days |
| Revocation Period | 7 Days | 7 Days |
| Additional Consideration Required | Yes | Yes |
| Attorney Consultation Notice | Yes | Yes |
| Disclosure Requirements | No | Yes |
| OWBPA Compliance Required | Yes | Yes |
Because group termination programs involve additional obligations, employers should carefully ensure compliance with all applicable federal requirements.
An employer’s failure to comply with ADEA and OWBPA requirements can create significant legal issues.
If a waiver does not satisfy federal standards, a court may determine that it is unenforceable. In that situation, an employee may still be able to pursue age discrimination claims despite having signed the agreement.
Common issues that may affect the validity of a waiver include:
Because courts often closely examine age discrimination waivers, employers must ensure compliance with each statutory requirement.
Employees may have grounds to challenge an ADEA waiver if they believe the agreement does not comply with federal law.
When evaluating a challenge, courts may consider whether the waiver was knowing and voluntary and whether all OWBPA requirements were satisfied. Factors such as inadequate review time, confusing language, or missing disclosures may become relevant.
Signing a severance agreement does not automatically mean every provision is enforceable. The validity of the waiver depends on whether the employer followed the legal requirements established by the ADEA and OWBPA.
Before signing a severance agreement containing an ADEA waiver, employees should fully understand the rights they may be giving up.
Employees age 40 and older should carefully review any severance agreement containing an ADEA waiver before signing. Federal law requires employers to follow specific procedures, including providing adequate review time, advising employees to consult an attorney, and allowing a revocation period after signing.
Understanding the requirements established by the ADEA and the OWBPA can help employees make informed decisions when evaluating a severance package. Because an ADEA waiver may affect important legal rights, it is important to understand the agreement and its potential consequences before accepting its terms.
An ADEA waiver is a written agreement through which an employee agrees to waive certain age discrimination claims under the Age Discrimination in Employment Act, typically in exchange for severance pay or other benefits.
A valid ADEA waiver must be written clearly, specifically reference ADEA rights, provide additional consideration, advise the employee to consult an attorney, allow the required review period, and include a seven-day revocation period.
The ADEA generally requires employers to give employees at least 21 days to review a severance agreement before deciding whether to sign it.
Employees generally have seven days after signing an ADEA waiver to revoke their acceptance of the agreement.
If an employer fails to satisfy applicable legal requirements, the waiver may be unenforceable, and the employee may retain the right to pursue age discrimination claims.
Consulting an attorney can help you understand your rights, evaluate the terms of the agreement, and make an informed decision before signing.
What Are the 3 Types of Property Law and Property Rights? Property law inside the
What Is a Reasonable Settlement Offer? What If You Only Receive a Low Settlement Offer?
How to Win a Wrongful Foreclosure Case and Calculate Your Damages One of the most
What Are the 3 Types of Property Law and Property Rights? Property law inside the
What Is a Reasonable Settlement Offer? What If You Only Receive a Low Settlement Offer?
How to Win a Wrongful Foreclosure Case and Calculate Your Damages One of the most
517 Brighton Beach Avenue, 2nd Floor Brooklyn, New York 11235
111 Town Square Place, Suite 1236-C, Jersey City, NJ 07310
500 7th Avenue, New York, NY 10018
42 Guy Lombardo Ave, Freeport, NY 11520
We are here for you on evenings, weekends and holidays and will work around your schedule to defend your rights.
