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| Q: Please let me know of the name of the law that protects employees over the age of 40. You mentioned this on CNN. Thank you. |
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A: The law is called The Older Workers Benefit Protection Act, or “OWBPA”. It is a federal law that protects workers age 40 and older who are being asked to sign a release of their rights to sue as part of a separation or severance agreement. Here is a summary of your OWBPA rights:
1.) You must be given at least 21 calendar days to review the severance agreement before you have to sign and return it;
2.) The employer must provide a list of affected individuals by position title and age so you can assess if there is an age bias in the layoff process;
3.) The employer must advise you of your right to consult legal counsel before you have to sign and return the release agreement; and
4.) The employer must give you 7 days after you sign to revoke your acceptance of any signed release agreement.
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