SPHR Human Resources

Category - Planning

When a reduction in force occurs, the ADEA allows that protected employees may waive their rights under some circumstances. For the waiver to be valid, the protected employee must be allowed how long to review and consider the agreement?
  1. 7 days
  2. 21 days
  3. 45 days
  4. 180 days
Explanation
Answer - C - ADEA waivers are valid during a reduction in force only if the employee has 45 days to consider the agreement.

Key Takeaway: Once employees sign a RIF-related wavier, the ADEA requires that they have 7 days to revoke it. Terminations that are not part of a reduction in force require only 21 days for consideration. An employee has 180 days to file a charge with the EEOC in states that do not have their own EEO enforcement agency.
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