5-Point Checklist for Improvements to Consider
1. __ Consider eliminating covenants not to sue, because that will enhance satisfaction of ADEA's "understandability" requirement.
2. __ Include a sentence such as the following, in order to avoid retaliation claims (of the kind that prevailed in EEOC v Lockheed Martin, 444 F. Supp.2d 414, D.Md, 2006; but compare EEOC v. Sundance Rehab. Corp., 466 F.3d 490, 6th Cir. 2006):
3. __ Out of an abundance of caution, state that the individual is not releasing claims that cannot be lawfully released, in order to defuse arguments that the release is overly broad and therefore invalid. But see Edwards v. Arthur Andersen LLP, 44 Cal.4th 937 (2008), upholding the validity of a release of "any and all" claims, with the court explaining that:
4. To Protect Employer's Business Interests:
5. To Avoid 409A Tax Violations:
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