Skill

legalcode-severance-agreement-review

Reviews severance and separation agreements for legal sufficiency, OWBPA/ADEA compliance, and employer liability exposure. Use when evaluating a severance, separation, settlement, release, or departure agreement for any employee aged 40+ (OWBPA/ADEA waiver compliance), any group or RIF-related separation (45-day period, group informational disclosure), or any individual termination requiring release of claims. Covers: OWBPA 7-factor knowing-and-voluntary analysis (29 U.S.C. § 626(f)); 21-day vs. 45-day consideration period determination; non-waivable 7-day revocation window; group termination age/title disclosure requirements; ADEA-specific release language; release scope and overbreadth (Title VII, ADA, ADEA, FLSA, state law); consideration adequacy (earned wages, ERISA vested benefits, additional value); non-compete and non-solicitation enforceability in the post-employment context (CA/MN/ND/OK bans, FTC rule vacatur Aug 2024); non-disparagement and confidentiality compliance under NLRB McLaren Macomb (2023) and SEC Rule 21F-17(a) whistleblower anti-impediment rules; protected-rights carve-out completeness (EEOC charge filing, SEC/CFTC whistleblower awards, workers' compensation, unemployment, ERISA vested benefits); cooperation obligation scope and duration; return of property; reference provisions; state-specific restrictions on NDA/non-disparagement for harassment and discrimination claims (CA SB 331, WA HB 1795, NY S.B. 4516, NJ Supreme Court 2024, IL HB 3638). Produces GREEN/YELLOW/RED classification with confidence-scored employer-exposure findings and Glass Box audit trail. Jurisdiction: US-primary with [JURISDICTION-SPECIFIC] markers for UK, Australia, EU, and Canada.