Legal Question in Employment Law in Massachusetts
Is it legal for an employer to demand that a terminated employee waive their rights to pursue action (age discrimination) through their state or federal EEO agencies in order for the terminated employee to receive a severance package?
1 Answer from Attorneys
Yes. An employer unless required under an Employee Handbook, employment agreement or collective bargaining agreement is not required to provide a severance payment or severance benefits. An Employer is required to provide you with COBRA rights under MA and Federal Law. MA COBRA applies to employers who have 5 or more employees.
So if your employer is offering you severance, the employer can ask for a waiver of claims against the employer.
I would recommend you consult with an attorney before signing such an agreement.