The artistry of the memorials created by stone craftsmen at SPB Stoneworks Ltd. can be likened to an agreement of any kind that might end an employer-employee relationship, particularly an agreement related to age discrimination. Just as the skilled craftsmen of SPB Stoneworks Ltd. painstakingly fashion with precision the details of an individual memorial, the lawyer representing the employee must negotiate with care and execute and deliver the ADEA agreement in a competent and thorough manner to safeguard its enforceability. The dated memorial should reflect the details of uniqueness envisioned by the deceased and his or her family. Likewise, an agreement that waives or otherwise compromises an employee’s rights under the ADEA should similarly reflect the weigh station nature of that document. Enforcement of an ADEA release is assessed under the totality of the circumstances with a particular focus on the circumstances of its negotiation and for obvious reasons. If the ADEA itself is designed to protect older workers from discriminatory termination, compensation, terms, conditions, or privileges of employment, then any written agreement that compromises those protections must make certain that the employee entering into the agreement does so knowingly and voluntarily. The EEOC, for example, has published guidance relating to ADEA waivers in the Older Workers Benefits Protection Act (OWBPA) known as the Release Guidance. The Release Guidance identified and enumerated several notable provisions of ADEA agreements, though this list is not exhaustive: (1) Description of a job title or description; (2) Date(s) of termination; (3) Waived benefits (a waiver of accrued but unused vacation time and paid time off); (4) Identity of individual making the offer; (5) Warnings as to the relevance of the information required; (6) A full description of the consideration offered by the employer; (7) Signatures of all parties; (8) Reference to an ADEA release or the OWBPA; (9) Reference to the ADEA, OWBPA, or federal/state anti-discrimination law; (10) Language indicating that specific language is being used to prevent legal ambiguity; and (11) Whether or not the contract can be revived due to a suspension of the ADEA claim. The foregoing provisions will be essential to drafting a comprehensive and enforceable ADEA severance agreement, but what is most important is that the release/forum selection/choice of law language is tailored to your client’s dispute or claim and there is no “boilerplate” provision used. For evergreen ADEA forms, for instance, it is imperative that the lawyer crafting the agreement insert certain dates, dollar amounts, and explicitly identify the claims being released (e.g., claims arising under the ADEA and the Florida Age Discrimination Act.) After all, a signed ADEA agreement is usually enforceable despite any ill feelings between the employer and the former employee, and turns the page of the old relationship while moving on to the next chapter of life. The memorial crafted by the skilled craftsmen of SPB Stoneworks Ltd. should be no different, representing the artistically designed vision of the deceased and the family who loves and supports that memorial.