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Dec19
ADEA Claims

The following is not meant to be legal advice.

 

The Ninth Circuit found in Syverson v. Int’l Bus. Machs. Corp., 2006 U.S. App. LEXIS 22504 (9th Cir. Aug. 31, 2006) that waivers employees signed during a reduction in force (RIF) were not “knowing and voluntary”.  The Ninth Circuit ruled that the employees who received severance and other benefits could sue for age discrimination because of the lack of “knowing and voluntary”.. According to the Ninth Circuit court, the language used was ambiguous and failed to comply with the Older Workers Benefit Protection Act (OWBPA).

 

The Ninth Circuit court reversed the trial court and reinstated the claims.  The plaintiffs in Syverson v. Int’l Bus. Machs. Corp. argued that the RIF was discriminatory and that the company violated the OWBPA by using a document that appeared to release the employer from the employees’ age discrimination claims and to exclude claims from the reach of a covenant not to sue the company.

 

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