In Oubre V

In Oubre v. Entergy Operations, Inc., the Supreme Court held

A) If an employee signs a waiver under the OWBPA but there is a small or technical defect in the waiver, the employee must repay any money received in exchange for the waiver before being allowed to sue the company for age discrimination.
B) An employee who signs a waiver under the OWBPA that is defective for any reason must repay any money received in exchange for the waiver before being allowed to sue the company for age discrimination.
C) If an employee signs a waiver under the OWBPA but there is a large or significant defect in the waiver, the employee must repay any money received in exchange for the waiver before being allowed to sue the company for age discrimination.
D) If a waiver doesn't fully comply with the OWBPA, the employee can keep the money the employer gave her for a release of age discrimination claims and file an age discrimination suit anyway.