Terminating the Employment Relationship

ADEA Waiver Requirement

Correct Language [or Correct Procedure]

Incorrect Language [or Incorrect Procedure] [The district hands out a booklet of information discussing the early retirement incentive. However, employees do not have access to the actual agreement with the waiver and release until the day they sign the agreement.] 313

[in the case of a group exit incentive] “the individual is given a period of at least 45 days within which to consider the agreement”

[The district hands out a booklet of information discussing the early retirement incentive which included the actual agreement containing the waiver and release on October 1st and advises that the window period for accepting the incentive offer expires on December 1 st .] “Employee has 7 days following his or her signing of this agreement in which to revoke his or her decision to enter into this agreement. The effective date of this agreement shall be the 8th day after the date on which the employee signs this agreement provided the employee has not revoked his or her agreement prior to that date.”

“agreement provides that for a period of at least 7

“This agreement shall be effective and binding on all parties as of the date on which the employee signs this agreement.”

days following the execution of such

agreement, the individual may revoke the agreement, and the agreement shall not

become effective or enforceable until the revocation period has expired”

ADEA Waiver Requirement

Correct Language [or Correct Procedure]

Incorrect Language [or Incorrect Procedure]

[for waivers in connection with a group exit incentive or employment termination program] “the employer…informs the individual in writing…as to: (ii) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are

Eligible Employees: Job Title Ages Dispatcher 21, 33, 52(x2), 56, 57… .

Eligible: Salary Step

Ages 28-48

Step 5

CSO I

33, 35, 40(x3)

Ineligibles: Job Family

Ages Clerical & Admin under 50

Ineligible Employees: Job Title Ages Dispatcher 22, 26, 32, 34

CSO I

44

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 89