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In the Phillips case, the plaintiffs claimed that their releases should be invalidated because of their lack of sophistication, limited education, and inability to negotiate individually vis-a-vis the employer. With regard to the latter, do you think that employers will in fact individually negotiate? In any event, any large scale reduction in force will have some, if not many, workers who have comparable limitations. What is the best way to deal with this reality?
Please review this case for a reference:
Williams v. Phillips Petroleum Co. 23 F.3d 930 (5th Cir. 1994)
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