Terminating the Employment Relationship

Employment Act, the Older Workers Benefit Protection Act, and the Fair Employment and Housing Act….” “In consideration for this waiver and release, employee will receive an early retirement incentive equal to $5,000 for each full year of service with the city….” “ATTENTION: Read this agreement carefully. You are advised to consult with an attorney prior to signing this 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 Correct Language [or Correct Procedure]

“only in exchange for consideration in addition to anything of value to which the individual already is entitled”

“In consideration for this wavier and release, employee will receive a cash-out of all accrued, but unused vacation leave….” 303 “By signing below, employee avers that he has had an opportunity to consult an attorney prior to 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.] 305 execution of this agreement.” 304

“the individual is advised in writing to consult with an attorney prior to executing agreement”

ADEA Waiver Requirement

[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”

“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

the employee signs this agreement provided the

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 87