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What Claims Can and Cannot Be Waived?
Understanding what rights you retain after signing a severance agreement
Waivable Claims
- Discrimination ClaimsAge, race, gender, disability, and other protected class discrimination under federal, state, and local laws
- Wrongful TerminationClaims that your termination violated public policy or implied contracts
- Harassment & Hostile Work EnvironmentSexual harassment and other hostile work environment claims
- Breach of ContractClaims related to employment contracts, bonus agreements, or commission disputes
- Retaliation ClaimsClaims for retaliation based on protected activities prior to the agreement
- Emotional DistressIntentional or negligent infliction of emotional distress claims
Non-Waivable Rights
- EEOC ChargesRight to file charges with the EEOC or participate in EEOC investigations
- Unemployment BenefitsRight to apply for and receive unemployment compensation
- Workers' CompensationClaims for workplace injuries and occupational diseases
- Vested BenefitsAlready vested pension, 401(k), and other retirement benefits
- Future ClaimsClaims arising after you sign the agreement
- Whistleblower RightsRights under whistleblower statutes including SEC, IRS, and False Claims Act
- Government TestimonyRight to provide truthful testimony if subpoenaed
- Certain Wage ClaimsFederal minimum wage and overtime claims generally cannot be released without court or Department of Labor approval