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?


Asked on 9/08/16, 6:17 am

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.

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Answered on 9/08/16, 7:57 am


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