Limited-time offer! Save up to 50% Off | Solutions starting at $6 each  


Added on - 18 Sep 2019

Trusted by 2+ million users,
1000+ happy students everyday
Showing pages 1 to 2 of 4 pages
1SummaryIt can be stated from the case of OUBRE V. ENTERGY OPERATIONS, INC. SUPREME COURT OF THE UNITED STATES, 522 U.S. 422 (1998),that if the release does not complywith the OWBPA's requirements, then it cannot bar Oubre's ADEA claim. It is so because theOWBPA has stated that an employee is not allowed to waive any ADEA claim if that waiver isnot knowing and voluntary and also it has been stated that the waiver shall be considered to beknowing and voluntary only if it complies various requirements of the OWBPA.In the present case, the main question was as to the fact whether the release violates the ADEAor not and whether the employer can set off the release or not. In this case, it was found by theSupreme Court that the release had violated the ADEA as it had violated the requirements ofOWBPA as the employer (1) did not give Oubre enough time to consider her options, (2) giveher seven days to change her mind, or (3) make specific reference to ADEA claims.1.It was held by the Supreme Court that since the release did not comply with therequirements of OWBPA, thus the release cannot prevent Oubre's ADEA claim. It wasalso held that an employee is not allowed to release an ADEA claim unless such releasesatisfies the requirements of OWBPA. Thus, it was decided that Oubre's retention of herseverance did not amount to a valid release of her ADEA claims since such retention didnot comply with the OWBPA any more than the original release did. Thus it can be saidthat such a release violates the ADEA (Glenn, 2014).2.It was also held by the Court that the plaintiff’s retention of the money which was givento her by the employer to comply with the terms of the severance agreement did not serveas ratification equivalent to a valid release of ADEA claims. This is because the statute
You’re reading a preview
Preview Documents

To View Complete Document

Click the button to download
Subscribe to our plans

Download This Document