However, in Kruchowski v. Weyerhaeuser Co. (423 F.3d 1139 (10. Cir. 2005) (Kruchowski I), the 10th Circuit found that the conditions to be specified refer to the termination decision and not to the question of who is entitled to compensation after the termination. In this case, the employer took into account, in determining who is laid off, „the management, skills, technical skills and behaviour of each employee.“ Since these criteria were not included in the decision unit schedule, the Tribunal found that releases were ineffective against age discrimination rights. If your employer decides to terminate your job, you can obtain a termination agreement that requires you to waive your right to file a termination action on the basis of age, race, sex, disability and other forms of discrimination. While most signed waivers are enforceable if they meet certain contractual principles and legal requirements, an employer cannot legally limit your right to testify, attend or participate in an EEOC investigation, hearing or procedure, or prevent you from filing a charge of discrimination with the Agency. Nor can an employer legally require you to return the money or benefits they have given you in exchange for your entitlements when you collect a tax. While this document is not intended to cover all the problems that arise when your employer informs you that you are made redundant or fired, the following checklist can help you decide whether or not you sign a waiver.  See z.B Pilon v. University of Minn., 710 F.2d 466 (8.
Cir. 1983) (where the employee was represented by a lawyer, where the language of release was clear and there was no right to fraud or coercion, the release was confirmed). Exceptions granted by staff members who have not been advised to seek legal advice will be examined in more detail than agreements made by employees after consultation with a lawyer.  An agreement may be signed before the expiry of the 21 (or 45) days period, as long as the worker`s decision is informed and voluntary and not by fraud, misrepresentation, threat to withdraw or modify the offer before the expiry of the 21 or 45-day period, or by providing other conditions to employees who sign the release before the expiry of that period , of the committee of the ed. 29 C.F.R. 1625.22 (e) (6). Employers should ensure that workers have time to check whether they are signing a redundancy contract that varies with the age of the workers. This special legal requirement must be met to ensure that the release of the rights of the Age Discrimination in Employment Act (ADEA) as amended by the Protection of Older Workers Act (OWBPA) is enforceable. Example 8: A staff member who was informed that his dismissal was the result of a „reorganization“ signed a waiver against severance pay. After hiring a younger person to do his old job, he filed an age discrimination complaint. The company then changed its position, stating that the real reason for the employee`s dismissal was his poor performance. The employee submitted that his waiver for fraud was not valid and that if he had known that he was being dismissed for allegedly poor benefits, he had suspicions of age discrimination and would not have signed the waiver.
The Tribunal found that the fraud was sufficient grounds to find the waiver invalid.  The EEOC also appears to be taking a close look at an employer`s ability under the OWBPA to limit the restart of the 21-day or 45-day cooling-off period if the employer agrees to improve its initial offer. The provisions of the OWBPA provide that the parties may agree that substantial changes to the initial offer will not resume the implementation of the cooling-off period2.