Draft a separation agreement that releases age claims
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft the separation agreement from the term sheet, including the age-waiver clauses, and list each Older Workers Benefit Protection Act condition that the draft must meet.
- What the lawyer must review
- 29 U.S.C. § 626(f) says a waiver of a right or claim under the Age Discrimination in Employment Act is not knowing and voluntary unless, at a minimum, it is written to be understood, specifically refers to rights or claims under that Act, does not waive rights that arise after execution, is in exchange for consideration beyond what the person is already entitled to, advises the person in writing to consult a lawyer, gives at least 21 days to consider (45 days for a group exit program), and allows at least 7 days after execution to revoke, during which the agreement is not effective. A group program also requires the written disclosures in § 626(f)(1)(H). The employer bears the burden of proving the waiver. You check every clause before it is offered. A waiver does not limit the EEOC's own enforcement.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Separation and release agreement, with ADEA and OWBPA terms | Agreement | AI use Red | Separation agreement for a single employee or a group program, with the Older Workers Benefit Protection Act terms for a waiver of claims under the Age Discrimination in Employment Act. |
Signed-in accounts can read the full text of each one. All precedents.