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Tender Back Rules

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M

Mr. T

Guest
What is the name of your state? NJ

I've been reading about OWBPA rules with respect to tender back. It appears thath the Supreme Court case of Oubre vs Entergy Inc. (96-1291) found that severance dollars can be used to finance an age discrimination lawsuit if the OWBPA disclosure can indeed be proven faulty. In essence it invalidates the waiver forms and concludes that their signing was not "knowing and voluntary"

Question: If the court rules that the disclosure forms were indeed faulty, do the tender back rules apply. If the disclosure form adequacy is upheld, must the serverance monies be repaid to the company? Thank you.
 



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