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Romero v. Allstate Insurance Company

Articles Discussing Case:

What Is Knowing and Voluntary? One Court’s Take on the Enforceability of ADEA Waivers

Ogletree Deakins • June 13, 2016
A recent district court opinion in Romero v. Allstate Insurance Company, et al., 2016 WL 2619853 (E.D. Pa. May 4, 2016), underscores that there is not a “one-size-fits-all” approach for employers seeking “knowing and voluntary” waivers of employee claims under the Age Discrimination in Employment Act of 1967 (ADEA), as required by the Older Workers Benefit Protection Act of 1990 (OWBPA). Employers must carefully consider the terms of severance agreements and the circumstances surrounding the procurement of ADEA waivers because, as Romero illustrates, the failure to give employees a meaningful choice could limit the enforceability of a release.

eLABORate: Court Rejects EEOC Claim that Employer's Use of Claim Waivers was Retaliation

Phelps Dunbar LLP • March 19, 2014
In a recent defeat for the EEOC, a federal district court for the Eastern District of Pennsylvania reaffirmed the use of severance agreements as part of a company’s reorganization, or reduction in force, to obtain releases of potential federal claims against the employer, while shedding light on the EEOC’s continued and increased focus on such releases.