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

question 18

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. Does Sam have any rights to sue Big Company for age discrimination?

• A) No.
• B) Yes, because although the agreement complied with the Older Workers' Benefit Protection Act, Sam has six months in which to renounce the agreement and sue for age discrimination.
• C) Yes, because the agreement did not comply with the Older Workers' Benefit Protection Act, Sam can sue the company for age discrimination but only if he returns the severance payment.
• D) Yes, because the agreement did not comply with the Older Workers' Benefit Protection Act, Sam can sue the company for age discrimination without having to return the severance payment.

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Definitions:

Commercial Substance

Commercial substance refers to a transaction that causes a significant change in the cash flows of a company or significantly alters the entity's operations.

Trade-in Allowance

The credit a buyer receives when they trade in an old asset (like a car) towards the purchase of a new asset, reducing the price of the new purchase.

Book Value

The net value of a company's assets as listed on the balance sheet, calculated by subtracting liabilities from total assets.

Commercial Substance

A concept indicating that a transaction significantly changes the economic position or cash flows of the parties involved, beyond mere contractual obligations.