Missing OWBPA 21-day consideration and 7-day revocation periods
Because Employee is over 40, a valid ADEA waiver under the Older Workers Benefit Protection Act requires at least 21 days to consider the agreement, a 7-day post-signing revocation period, and advice to consult an attorney; this agreement gives only 5 business days and declares itself immediately irrevocable, which likely voids the ADEA waiver.
“This offer expires if Employee does not sign and return this Agreement within five (5) business days of receipt. Once signed, this Agreement is final and irrevocable.”
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SAMPLE REPORT — produced by the real scanner on a FICTIONAL severance agreement. Not legal advice.
Compliance Scan Report (SAMPLE)
Document: Severance-Agreement_Whitfield.txt · Meridian Outdoor Supply Co. (fictional) · high risk · 11 issues
This severance agreement for a 52-year-old employee is missing several legally required disclosures (OWBPA consideration/revocation periods, COBRA notice) and contains overbroad release, confidentiality, and non-disparagement language, along with language suggesting a possible age-related motive for the separation.
criticalSeverance & Separation Compliance
1. Missing OWBPA 21-day consideration and 7-day revocation periods
Because Employee is over 40, a valid ADEA waiver under the Older Workers Benefit Protection Act requires at least 21 days to consider the agreement, a 7-day post-signing revocation period, and advice to consult an attorney; this agreement gives only 5 business days and declares itself immediately irrevocable, which likely voids the ADEA waiver.
“This offer expires if Employee does not sign and return this Agreement within five (5) business days of receipt. Once signed, this Agreement is final and irrevocable.”
Suggestion: Revise to provide at least 21 days to consider the agreement, a 7-day revocation period after signing during which the agreement does not become effective, and a written statement advising Employee to consult an attorney before signing.
criticalSeverance & Separation Compliance
2. Release purports to waive unemployment and workers' compensation claims
Unemployment compensation benefits and, in many states, workers' compensation rights cannot be waived by private agreement as a matter of public policy, so including them in the release creates enforceability risk and may mislead the employee about their actual rights.
“claims for unemployment compensation benefits, workers' compensation claims, and any other federal, state, or local law claim”
Suggestion: Remove unemployment compensation and workers' compensation claims from the list of released claims, or add a carve-out stating the release does not affect the employee's right to seek those statutory benefits.
criticalRetaliation Indicators
3. Language suggesting age-related motive for separation
Explicitly stating the employee's age in a separation agreement is unusual outside of OWBPA group-termination disclosures, and pairing it with the stated reason for separation being to bring in "fresh, high-energy talent" is language commonly cited as evidence of age discrimination under the ADEA.
“bring fresh, high-energy talent to the team”
Suggestion: Remove subjective, age-suggestive language describing the reason for separation and the employee's age from the agreement; state the separation reason in neutral, business-based terms.
warningConfidentiality & Disclosure
4. Confidentiality-of-agreement clause is overly broad
Prohibiting disclosure of the agreement's existence and terms to virtually everyone, including other employees, without any carve-out for legally protected communications or agency cooperation, raises the same NLRA Section 7 concerns as the non-disparagement clause and may be found partially unenforceable.
“Employee shall keep the existence and all terms of this Agreement strictly confidential and shall not disclose them to any person, including current or former Company employees, other than Employee's spouse and tax preparer.”
Suggestion: Add exceptions permitting disclosure as required by law, to government agencies, or in connection with protected concerted activity, and consider allowing disclosure to legal or financial advisors.
+ 7 more findings (COBRA notice, agency-reporting carve-out, non-disparagement scope, governing law, and others) appear in the full report — this excerpt shows the format.
Example replacement language for each finding is included on paid plans — drafted as a starting point for attorney review, never as final contract language (Terms §6.5).
Meridian Outdoor Supply Co. and all persons named are fictitious; any resemblance to real entities or individuals is coincidental. This sample illustrates the report format — findings vary by document.
Scan results are AI-generated without human review and may be incomplete or inaccurate. Not a law firm; not legal advice. Always consult a qualified employment attorney.
Not legal advice. DefensibleHR is an AI scanner, not a law firm — AI can and does make mistakes. Review findings with a qualified employment attorney before acting.
Disclaimer: DefensibleHR.ai is an AI-powered assistant that identifies potential compliance risks but does not provide legal advice. AI can and does make mistakes — results may contain false positives, miss real issues, or be inapplicable to your situation. Scan results are informational only and do not constitute legal counsel. DefensibleHR LLC is not responsible for any decisions or outcomes based on these results. Always seek the advice of a qualified employment attorney before acting on scan findings. Any references or links to legal sources are provided for convenience only and may be incomplete, outdated, or inapplicable — verify all legal authorities independently before relying on them.
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