Agreement · Employment & Workplace Relations
Separation and release agreement, with ADEA and OWBPA terms
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. The release does not bar an EEOC charge.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- United States
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 5 authorities it cites, for United States.
- Version
- 1
- Source
- Written for this library
When to use it
Use when an employer will pay severance an employee is not already owed, in exchange for a release, and the employee is at least 40 or the group includes employees who are. Do not use it to settle a charge already filed with the EEOC or an action already filed in court; that waiver is 29 U.S.C. § 626(f)(2).
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The lawyer writes the release and the age disclosure. AI may put job title, age and selection facts from the HR file into a working table for the lawyer. AI does not draft wording that will be signed or given to employees.
AI may
- Build a working table of job title, age and whether the person was selected, from the HR export, for the lawyer to check
- List which of the § 626(f)(1) items are missing from a draft the lawyer has already written
- Calculate the date that is 7 days after a signed date the lawyer supplies, and flag it for checking
AI must not
- Must not draft or revise the release, the revocation clause or the age disclosure that will be signed or given to an employee
- Must not decide who is in the group covered by a termination program
- Must not tell an employee that the release is valid or that they should sign
The lawyer checks
- The waiver is a § 626(f)(1) waiver, not a settlement of a pending charge or lawsuit under § 626(f)(2)
- Consideration is something the employee is not already entitled to, the ADEA is named, future claims are not waived, and the employee is advised in writing to consult an attorney
- The consideration period is at least 21 days, or at least 45 days with the § 626(f)(1)(H) disclosure if this is a group exit incentive or termination program, and the 7-day revocation period has not been shortened
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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