Total Articles: 9
XpertHR • December 18, 2015
The Equal Employment Opportunity Commission (EEOC) may not broadly enforce separation agreements that may limit an employee's right to file a charge with the agency absent a conciliation attempt or an allegation that the employer engaged in discriminatory or retaliatory practices, the 7th Circuit Court of Appeals has ruled. This case considers the EEOC's conciliation practices prior to filing a federal claim, which were the subject of the Supreme Court's Mach Mining case last term.
Fisher Phillips • October 10, 2014
In a closely watched ruling, an Illinois federal district court handed a victory to one particular employer, but ducked a broader ruling that would have provided general guidance to companies generally that are trying to avoid litigation by entering into severance agreements with employees.
Brody and Associates, LLC • October 02, 2014
In a move with potentially far-reaching implications, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against CVS Pharmacy, Inc....
Fisher Phillips • May 01, 2014
Employers routinely offer departing employees separation agreements, whether as part of a reduction in force or in connection with an individual termination. These separation agreements typically include enhanced monetary benefits in exchange for a broad release of claims and promises not to sue.
Nexsen Pruet • April 04, 2014
Employers often use waivers and releases of claims in agreements with former employees, either as part of a separation agreement at the time employment ends or in a settlement agreement after a former employee has raised claims against the employer. Both of these types of agreements have garnered attention lately, serving as a reminder of some best practice approaches in each context.
Nexsen Pruet • February 20, 2014
On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns because it attacks language that employers commonly use in severance agreements.
Franczek Radelet P.C • July 12, 2013
Just weeks after settling its first ever Genetic Information Nondiscrimination Act (“GINA”) discrimination lawsuit and filing its first ever class action lawsuit under GINA, the Equal Employment Opportunity Commission (EEOC) continued its flurry of litigation this year by filing suit against national book distributor Baker & Taylor in the Northern District of Illinois. The EEOC’s Complaint accuses the North Carolina-based company of violating Title VII by forcing departing employees to sign unlawfully “broad, misleading and unenforceable” agreements to receive severance payouts. Absent from the Complaint is any indication that Baker & Taylor actually interfered with any employee’s rights.
Ogletree Deakins • May 02, 2011
The 3d U.S. Circuit Court of Appeals has held that 15 minutes was a sufficient amount of time for the plaintiff, a public school teacher, to review a separation agreement and release negotiated in connection with her resignation. Gregory v. Derry Twp. Sch. Dist., 2011 WL 944424 (3d Cir., March 21, 2011)
Fisher Phillips • February 12, 2007
Employers are increasingly using release agreements to avoid litigation with terminated employees. In fact, some employers are so comfortable with preparing their own releases that they fail to involve counsel to review each release they prepare. But the increased use of release agreements has spawned a new wave of litigation over the elements of an effective release. In some noteworthy cases, releases used by large, multi-national corporations have been declared to be invalid and unenforceable. So, think twice before you go the “do-it-yourself” route.