252 (E.D. Mich. 1995); See Commonwealth of Massachusetts v. Bull HN Information Sys. Inc., 16 F. Supp. 2d 90 (D. Mass. 1998) (finding that an invalid waiver may be an independent means under ADEA); in a subsequent proceeding, Commonwealth of Massachusetts v. Bull HN Information Sys. Inc., 143 F.
Supp. 2d 134 (D. Mass. 2001), the Tribunal clarified that while employees may bring an action against a violation of the requirements of the OWBPA, they cannot claim damages without evidence of age discrimination. In Kruchowski v. Weyerhaeuser Co. (423 F.3d 1139 (10th Cir. 2005) (Kruchowski I)), however, the 10th Circuit found that the eligibility requirements to be specified related to the underlying termination decision and not to those who are entitled to compensation after termination. . .