Question

Sam, who is age 60, was told by big company that he was being laid off. sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the age discrimination in employment act. sam believed that his age was a factor in the decision to lay him off; but he really needed the money, so he signed an agreement whereby big company agreed to pay him $5,000 and he agreed to waive his rights against big company for age discrimination. sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed. ​ refer to fact pattern 13-1. does sam have any rights to sue big company for age discrimination?

Answer 1

Yes, Sam can sue the company because the company violated the Older Workers Benefit Protection Act. This act says companies must offer benefits to old workers who face discrimination. The benefits must be equal to the company's current workers and this company failed to follow this act.