A 55-year-old vice president learned that his business unit was being eliminated. The company gave him and other employees the option of accepting an “enhanced” severance package. However, to obtain the more generous severance pay, the vice president had to sign a release waiving legal claims stemming from his employment or the termination of his employment. The vice president continued working in a temporary capacity for almost a year after he signed the separation agreement and waiver of legal claims. Although statements were made to the effect that the company would try to find another permanent position for him, nothing materialized and the vice president ceased to do any work for the company. The former vice president sued, alleging age discrimination in the company’s failure to rehire him for a permanent position. The company maintains that he waived his right to take legal action by having signed the separation agreement and waiver. Is the waiver of legal claims valid in this case? Explain.
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