Severance Agreement Indemnification

As the court suggested, the OWBPA requires that an unblock be drafted in clear and clear terms – not legally! In this case, the worker attempted to obtain clarification from the employer`s lawyer on two apparently contradictory provisions – authorization and the obligation not to pursue the provisions. However, the lawyer was “not comfortable” to see clearly. Thus, the court rescinded the authorization and stated, “It seems axiomatic that while an agreement needs to be clarified, it is not written in a manner calculated in such a way as to be understood.” In light of this decision, employers should carefully consider whether their termination and severance agreements should still contain the agreement known not to bring legal action. .