Older Worker Benefit Protection Act Sample Clauses
Older Worker Benefit Protection Act. As may be applicable to Employee under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621, et seq.), (“ADEA”), Employee understands and agrees that:
i. Rights or claims under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621, et seq.) are being waived, except as provided herein.
ii. He has had the opportunity of a full 45 days within which to consider this Agreement and release provided herein before signing it, and if he has not taken the full time period, he has done so knowingly and voluntarily, thereby expressly waiving this time period and agreeing not to assert the invalidity of this Agreement and the general release provided herein or any portion thereof on this basis.
iii. He has carefully read and fully understands all of the provisions of this Agreement and general release provided herein and is knowingly and voluntarily agreeing to be legally bound by all of the terms set forth in this Agreement.
iv. He is, through this Agreement and the general release provided herein, releasing the Released Parties from any and all claims he may have against the Company or such individuals.
v. He is hereby advised in writing to consider the terms of this Agreement and the general release provided herein and consult with an attorney of his choice prior to signing this Agreement.
vi. He has a full 7 days following the execution of this Agreement to revoke this Agreement and the general release provided herein, and has been and hereby is advised in writing that this Agreement and general release shall not become effective or enforceable until the revocation period has expired. Revocation of this Agreement and the general release provided herein must be made in writing and must be received by the Xxxx Xxxxxxx, Deputy General Counsel of PHH Corporation, 0000 Xxxxxxxxxx Xxxx, Mail Stop LGL, Xx. Xxxxxx, XX 00000 no later than close of business on the seventh full day after the execution of this Agreement and General Release.
vii. He understands that rights or claims under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621, et seq.) that may arise after the date this Agreement and General Release is signed are not waived.
viii. He hereby acknowledges receipt of the “Notice of Information Required under the Older Workers Benefit Protection Act” which is attached hereto and incorporated herein as Exhibit D.
Older Worker Benefit Protection Act. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the Age Discrimination in Employment Act (“ADEA”) unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, Executive acknowledges and agrees that he/she has executed this Agreement voluntarily, and with full knowledge of its consequences. In addition, Executive hereby acknowledges and agrees as follows:
a. This Agreement has been written in a manner that is calculated to be understood, and is understood, by Executive;
b. The release provisions of this Agreement apply to any rights Executive may have under the ADEA;
c. The release provisions of this Agreement do not apply to any rights or claims Executive may have under the ADEA that arise after the date he/she executes this Agreement;
d. The Company hereby advises Executive to consult with an attorney prior to executing this Agreement;
e. The Company is giving Executive a period of up to twenty-one (21) days to consider this Agreement. Executive may accept and sign this Agreement before the expiration of the twenty-one (21) day time-period, but he is not required to do so by the Company; and
f. For a period of seven (7) days following the signing of this Agreement, Executive may revoke this Agreement. Executive will provide written notice of any such revocation to the Company. This Agreement shall become effective on the eighth day after Executive signs it, if it has not been revoked during the revocation period.
Older Worker Benefit Protection Act. If the agreement is for an employee who is 40 years of age or older, then federal law requires specific language, waiting periods, revocation periods, and waivers for a valid release of a claim under the Age Discrimination in Employment Act. In addition, the ages and positions of employees in the relevant unit who were selected and not selected for termination must be disclosed, if the severance package is part of a group termination program. Strict compliance with these provisions is required for a waiver to be valid, so seek legal counsel if you are not familiar with this law. • Non-disparagement. Employers should ensure that any employee who is paid severance agrees not to disparage the employer or its management, or cast them in a negative light. Although these covenants are difficult to monitor and enforce, they act as a valuable preventive mechanism and can be useful in stopping any disparagement that occurs. • Confidentiality. Employees should be required to keep the existence of the agreement and its terms confidential. They also should affirm their obligations to keep secret the company's confidential business information, and not retain, use or disclose it after their employment ends.
Older Worker Benefit Protection Act. To comply with the Older Worker Benefit Protection Act of 1990 (“OWBPA”), Employee has been advised of Employee’s right to consult an attorney and of the legal requirements of OWBPA, including Employee’s right to consider this Agreement for 21 days before signing and Employee’s right to revoke the Agreement within seven days after signing it, and fully incorporates the legal requirements by reference into this Agreement.
Older Worker Benefit Protection Act. In compliance with the Older Worker Benefit Protection Act (“OWBPA”) and in providing a release I agree and acknowledge that: (a) I have read the terms of this General Release, understand its contents, and agree to the terms and conditions set forth in this General Release of my own free will; (b) I have been advised orally and, by this document, in writing of my right to consult with legal counsel prior to executing this General Release; (c) I do not rely on any statement or representation of MAXIMUS outside of the Employment Agreement and this document in entering into this General Release; and (d) I am not releasing rights or claims under the ADEA that arise after the date this General Release is executed.
Older Worker Benefit Protection Act. Executive acknowledges and agrees that in accordance with the terms of the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act:
a. Executive has read and understands this Agreement and knowingly and voluntarily entered into this Agreement without fraud, duress, or any undue influence.
b. Executive acknowledges that by this Agreement, Employer advised Executive in writing to consult with an attorney before signing this Agreement.
c. Executive understands the language of this Agreement and its meaning, particularly with respect to Executive’s waiver and release of any claims against Employer under the ADEA.
d. Executive has been afforded twenty-one (21) calendar days to consider the terms of this Agreement but may voluntarily elect to sign the Agreement in a shorter period of time. Executive and Employer acknowledge and agree that any modifications to this Agreement, whether considered or deemed to be material or nonmaterial, shall not restart the twenty-one-day consideration period.
e. Executive can accept the terms of this Agreement by signing below and returning it to Txxxx X. Xxxxxx, EVP, Human Resources by close of business on April 21st, 2023, but may voluntarily elect to sign the Agreement in a shorter period of time.
f. Executive has seven (7) calendar days following the execution of this Agreement to revoke the Agreement, and the Agreement will not become effective or enforceable until the seven (7) day period has expired. Executive may revoke the Agreement by ensuring written notice of revocation is received by Employer no later than 5:00 p.m. EST on the seventh (7th) calendar day following the execution of this Agreement.
g. Executive is receiving payment and other consideration from Employer that Executive would not otherwise be entitled to.
h. Executive is not waiving any rights or claims that may arise after the date this Agreement is executed.
Older Worker Benefit Protection Act. Employee acknowledges and agrees that in accordance with the terms of the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act: a. Employee has read and understands this Agreement and knowingly and voluntarily entered into this Agreement without fraud, duress, or any undue influence.
Older Worker Benefit Protection Act. This Agreement is intended to comply with the terms of the Older Workers’ Benefit Protection Act. Accordingly, Executive acknowledges that he has been advised of the following rights:
a. Executive understands that state and federal laws, including the AGE DISCRIMINATION IN EMPLOYMENT ACT, prohibit employment discrimination based upon age, sex, marital status, race, color, national origin, ethnicity, religion, sexual orientation, veteran’s status and disability. He further acknowledges and agrees that, by signing this Agreement, he agrees to waive any and all such claims, and release the Company as well as the other Released Parties from any and all such claims.
b. Executive acknowledges that he has been advised in writing to consult with an attorney and has been provided with a reasonable opportunity to consult with an attorney prior to signing this Agreement, which contains a general release and waiver of claims.
c. Executive acknowledges that the consideration required to be paid pursuant to the terms of the Severance Agreement includes certain payments to which he otherwise would not be entitled, and that he is being paid these additional payments in consideration for signing this Agreement.
d. Executive acknowledges that he has been provided with a minimum of TWENTY-ONE (21) DAYS after receiving this Agreement to consider whether to sign this Agreement.
e. Executive has been informed that, in the event that he signs this Agreement, he has another SEVEN (7) DAYS to revoke it. To revoke, Executive agrees to deliver a written notice of revocation to Xxxxxx X. Xxxxxxxx, President and Chief Executive Officer, (with a cc to Xxxxx X. Xxxxxxx, Senior Vice President, General Counsel), JohnsonDiversey, Inc., 0000 00xx Xxxxxx,
Older Worker Benefit Protection Act. Dr. Hartert agrees and acknowledxxx xx xxxxows:
(a) He has read the terms of this Agreement, understands its contents, and agrees to the terms and conditions set forth herein of his own free will.
(b) He has been advised to consult with and be represented by legal counsel prior to executing this Agreement.
(c) He has made an independent investigation of all material facts and does not rely on any statement or representation of the Company in entering into this Agreement.
(d) He understands that this Agreement includes a general release and that he can make no claims against the Company except as provided in the general release.
(e) He acknowledges that he has been offered a period of twenty-one (21) days to consider whether to enter into this Agreement.
(f) He acknowledges and understands that he may rescind the waiver of claims and release contained herein within seven (7) calendar days of the date on which he executes this document. Should he wish to exercise his right to rescind this waiver and release, the rescission must be in writing and must be delivered by hand or mail within seven (7) calendar days of the date set forth herein. If he wishes to deliver his rescission by mail, the rescission must be postmarked within the seven (7) calendar days set forth above; must be sent by certified mail, return receipt requested; and must be properly addressed as follows: Kathryn Koenen Potos Xxxx Xxxxxdent, Human Resources Cobalt Corporation 401 W. Michigan Street Xxxxxxxxx, XX 00000 ARTICLE VI GENERAL PROVISIONS
Older Worker Benefit Protection Act. In compliance with the terms of the Age Discrimination in Employment Act and the Older Worker Benefit Protection Act, Xxxxxxx expressly acknowledges that he has consulted with counsel prior to signing this Agreement, that be understands its terms that he is not waiving rights or claims arising after the date he signs this Agreement, and that he is receiving consideration for his release of claims to which he would not otherwise be entitled. Xxxxxxx understands that he may take up to twenty-one (21) days to consider this Agreement Xxxxxxx understands that he may sign this Agreement before the end of the 21-day consideration period but may not be required to do so. Xxxxxxx understands that after he signs this Agreement, he has an additional seven (7) days to revoke the Agreement by providing written notice of such revocation to the attention of Legal Affairs, Cell Therapeutics, Inc., 0000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000. Xxxxxxx understands that this Agreement shall not become effective or enforceable until the eighth (8th) day following the date he signs and returns this Agreement, provided that he does not timely revoke the Agreement (the “Effective Date”).