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Lay-off of EE over 40?

Paula_AZPaula_AZ 32 Posts
in Compensation Vote Up0Vote Down
What laws/regulations should I be aware of if we need to lay-off one employee who happens to be over the age of 40? She will be receiving severance of 4 weeks pay.

I've searched the DOL and came up with nilch, but I seem to remember something about it from years ago. Any thoughts?

Thanks!
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    The age discrimination in employment act is a biggy. Be sure that you have well documented the reasons for selecting her for lay off.

    If you want a release, you need to follow the technicalities of the law (waiting period, etc). You should not try to draft an enforceable age release yourself and you should not just use an old one. You need to get an attorney to provide you with an enforceable release under the age law (and the form varies depending on whether more than one employee is laid off and offered severance).

    Good Luck!!
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