Fact Pattern 13-1 Sam, Who Is Age 60, Was Told by Big Company

question 35

Multiple Choice

Fact Pattern 13-1
Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed that his age was a factor in the decision to lay him off; but he really needed the money, so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination. Sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed.
-Refer to fact pattern 13-1. Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?

• A) No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement.
• B) No, because it did not give Sam at least seven days following execution of the agreement during which he could revoke it.
• C) No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement, and also because it did not give Sam at least seven days following execution of the agreement during which he could revoke it.
• D) Yes, it complied with the act.