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Disclaimer:
The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
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8.200 Release, settlement and severance agreements
8.220 Validity of settlement agreements
8.223 OWBPA
8.223.20 Older Workers Benefit
Protection Act - Burden of proof
9th Circuit
In
Syverson v. International Business Machines Corp.,
461 F.3d 1147 (9th Cir. 2006), the court explained:
When a dispute arises over whether the requirements of §
626(f) are met, the party asserting the validity of the waiver bears the
burden of proof. Id. § 626(f)(3).
10th Circuit
In
Kruchowski v. Weyerhaeuser Co., 446 F.3d 1090 (10th
Cir. 2006), the court explained:
For claims concerning § 626(f)(1)(A)-(H), the OWBPA
clearly places the burden on the party asserting a valid waiver of rights to
an age discrimination claim to show that execution of the waiver was knowing
and voluntary. 29 U.S.C. § 626(f)(3). The parties agree that defendant had
the burden to prove the validity of the Release.
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