Employment Agreements: Waivers & Releases of Employment Discrimination Claims in Severance Agreements
Here, I provided FAQ's for employers and employees in Virginia and the District of Columbia concerning employment separation or severance agreements. As noted, a typical separation agreement will include a broad waiver and release of claims the employee may have had against the employer in exchange for severance pay and other consideration.
Recently, the Equal Employment Opportunity Commission ("EEOC") published Understanding Waivers of Discrimination Claims in Employee Severance Agreements. This publication provides a useful overview of the potential legal effect of waivers and releases of age, sex, race, gender, disability or other employment discrimination claims. As reflected in the EEOC's publication, parties on both sides of severance agreements are best served by retaining competent legal counsel.
For help with drafting, negotiating, or interpreting a separation or other employment agreement, feel free to contact Searcy Law Offices, LLC at 703-644-4122 in Virginia or 202-393-1443 in the District of Columbia.