For those 40 and older, Centene is REQUIRED to provide a 45 day period for you to review the VSP and make a decision. They're also required to give you 7 days to rescind it, if you want to. This is required by the Older Workers Benefit Protection Act (OWBPA). 45 days wasn't given between the receipt of the offers and the deadline to apply date.
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Don’t call me old
@dw VSP reps (more than one) said they will let people know 'between' the 15th and 27th. But who even really knows though. The email doesn't say that.
July 27 they will let those who are approved for VSP know and the exact amount of the package and that is when the 45 day clock starts. Their end date will also reflect this. Centene knows how to handle this part well as they have many layoffs under their belt
Shame on Centene for not disclosing all the facts and details about the VSP. Why are these details hidden until a person’s application is approved?
@c1 Not just FAQ lacking further disclosure, but I called ph# they provided about VSP program. I already knew unemployment state specific. Any question I asked about other rights waived when actually sign severance, was met with response 'I was not provided with that info'
@c1 I understand what you are saying however I guarantee that will be in the document you actually sign after your termination date. Big business knows what to disclose and when. You will be allowed the 45 day review plus 7 days to revoke.
@OP I noticed that too - about older workers being required to have more time. I'm actually surprised that wasn't an FAQ by more people. I would think that leaves them open to legal action.
@a8 It is absolutely applicable, whether voluntary or involuntary. Just because something is voluntary doesn't mean you waive all of your rights.
do with this information as you please:
The Older Workers Benefit Protection Act (OWBPA) is a 1990 amendment to the Age Discrimination in Employment Act (ADEA) that protects workers 40 and older from age-based discrimination in employee benefits, clarifying that age-based reductions are only permissible if justified by significant cost considerations. It sets specific requirements for employers, especially for severance agreements, mandating clear language, sufficient time for review (21-45 days), legal consultation, and additional compensation (like severance pay) in exchange for waiving rights. Books on the topic explain these rules, covering topics like ADEA releases, federal employee protections, and guides for workers and employers.
Key Provisions of the OWBPA
Benefit Plans: Prohibits age discrimination in all employee benefits, allowing for cost-based reductions only if justified.
Severance Agreements: Requires specific disclosures and timeframes for employees to review and sign waivers, including:
Time to Consider: 21 days for individual terminations, 45 days for group terminations.
Revocation Period: 7 days to revoke the agreement after signing.
Information Disclosure: For group programs, employers must provide a list of job titles and ages of all employees eligible or selected, and those not selected, for the program.
"Knowing and Voluntary": Waivers must be in plain language, and employees must be advised to consult an attorney.
Additional Consideration: Employees must receive something of value beyond what they are already entitled to (like a final paycheck) in exchange for waiving their rights.
@OP OK so what can we do about the illegal cr-p
@OP Correct me if I'm wrong, but I thought that 45 day period started once VSP approved. We were not provided with full details of severance, and the rights you waive when signing. We know the dollar offer and Cobra, but other details not disclosed yet. Is the full disclosure provided on seperation date? and that is when the 45 day starts, with 7 days to rescind? If don't sign, won't get the offer. Still won't have job, but walk away with other rights that are valuable. Unless I am way off base and they were suppose to disclose all when applied for VSP?
@OP not applicable to this voluntary arrangement. Too much TV lawyering.
@OP Have you spoken to an employment attorney to review the Older Workers Benefit Protection Act (OWBPA) details in your severance agreement? It is strongly recommended before you sign.
Centene knows what they are doing. Have a good!
@OP Have you spoken to an employment attorney to review the Older Workers Benefit Protection Act (OWBPA) details in your severance agreement? It is strongly recommended before.
Centene knows what they are doing. Have a good!
@a1 maybe not an attorney but HR
@OP
So many people could have benefited from this information prior to July 2nd!! Because now to go back and utilize this right, people would have to have an attorney, right?!
@OP I didn't need 45 days, I signed up on day one.
I’m sure they consulted lawyers BEFORE offering the VSP.
@OP consult an employment attorney then.