The extent of declassified rights must be carefully monitored in order to comply with applicable state and federal laws. In most cases, employers want the release to be formulated as far as possible and cover all known or unknown claims from the “beginning of the period” until the date of execution of the agreement. While as broad an unblocking as possible is generally desirable, some claims should not be waived in a declassification agreement – and it may be against the law to request the waiver of these rights. For example, no. Since the provisions of severance pay agreements to prevent employees from filing a complaint with the IOC or participating in an EEOC investigation, hearing or proceeding are unenforceable (see question and answer 3 above), you may not be required to reimburse your severance pay – or any other consideration – before a fee is deposited.  Agreements that specifically cover the release of age rights also contain additional information to meet the requirements of the OWBPA. See Part IV.A, Question and Answer 6.  An example of the regulation describes the authorization as follows: “All persons in the construction department are eligible for the program. All people who will be licensed in our November RIF will be selected for the program. 29 F.F.C. § 1625.22 (f) (4) (vii) (B). However, some courts interpret the term “demanding factors” to mean the criteria such as work performance, experience or seniority on which an employer relies in deciding who to resign.
See Pagilio v. Guidant Corp., 483F. Supp. 2d 847 (D. Minn. 2007) (the Tribunal held that dismissal was contrary to OWBPA, in particular by failing to identify the general criteria according to which staff were chosen to dismiss); Cf. kruchovsky v. Weyerhaeuser Co., 423 F.3d 1139, as amended by, 446 F.3d 1090 (10th Cir.
2006) (the Tribunal set aside the exemption from recourse because it did not identify the selection criteria as “claim factors”; however, in a subsequent, revised opinion, the Tribunal considered that the claim factors were one of the grounds for the invalidation of the release and simply found that the employer had infringed OWBPA, by not identifying the unit of decision-making). The consideration for the waiver of the right of appeal cannot simply be a pension benefit or a payment for leave or paid sick leave to which the worker is already entitled, but must be useful, in addition to the worker`s existing rights. An example of a counterpart would be a lump sum payment of a percentage of the employee`s annual salary or regular payments of the worker`s salary for a specified period after dismissal. The signature of the worker and the maintenance of the consideration usually means acceptance of the terms of the contract. . . .