Legal Question in Employment Law in Massachusetts

Severance Release

I have been asked to sign a release in order to receive severance pay from my former employer. There is a clause that I am not sure I understand. It appears that If I sign the release, I can not bring suit against my former employer with the following exception:

''except any action which may arise out of the terms of the release or any action challenging the validity of this release under the Age Discrimination in Employment Act (ADEA)''. Am I correct in assuming that if I sign the release, I could at a later date bring a claim against my former employer under ADEA?

Asked on 11/05/02, 12:19 pm

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman
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Re: Severance Release

The exception lists: "any action challenging the validity of this release under the Age Discrimination in Employment Act (ADEA)". It means that you can bring a suit if you feel the ADEA makes the release invalid, but it does not say that you can bring a suit for discrimination that is not related to the release itself. If you feel you have a claim, you should consult with an attorney before signing anything. Asking for advice on an internet list is no substitute for legal advice. This is not legal advice.

Tom Workman

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Answered on 11/05/02, 5:59 pm

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