General Release And Waiver Page 2

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waiver of federal age discrimination claims. The application form also sets forth the contractor
employees’ agreement to repay a portion or all severance, if the individual becomes reemployed by a
DOE/NNSA contractor within one year of separation of employment. No consideration beyond the
severance pay itself is required, nor is any amendment of the severance pay plans required. When
dealing with situations involving represented employees, the employers must give the unions
representing those employees notice and the opportunity to request bargaining concerning
implementation of the self-select program generally, but use of the application has not presented any
additional practical concerns.
III.
Use of Waivers and Releases of Claims with Involuntary Separation
Programs
Where the contractor’s work force is already covered by broader corporate personnel policies requiring
the use of waivers and releases of claims by involuntarily separating employees in return for receipt of
severance pay, waivers that comply with legal requirements can be used. Legally compliant waivers may
also be used where the applicable severance pay policies or an applicable collective bargaining
agreement anticipates that involuntarily separating employees must execute a waiver in order to
receive severance. The Department also understands that contractors may wish to use waivers in other
circumstances and encourages contractors to discuss their concerns in this regard in their specific plan
for the separation program.
Voluntary Separation Program

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