The title of this post is, of course, a bit misleading. Any lawyer will tell you that each employment case you may have is unique and that any settlement must take into account the facts and circumstances of the particular case. All true. And, if your company is negotiating a settlement, you ought to have… Continue Reading
Tag Archives: release
“If You Don’t Quit (and Sign a Release), You’re Fired”: Court Upholds Agreement; Says It Is Not “Undue Influence”
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationFrom time to time, employers are faced with a quandary: When an employee has not been following the rules, do I fire the employee straight up? Or do I give the employee an opportunity to resign first, and potentially sign a settlement agreement? Why might an employer do that? Well, it allows the employee to save face… Continue Reading
Quick Hits: EEOC’s ADEA Lawsuit; FLSA Collective Actions & Releases; Severance Pay & Taxes;; EEOC Compliance Manual Update
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Social Media, Wage & HourWith the dog days of summer in full force here in Connecticut ("it’s the heat AND the humidity"), it seemed an appropriate time to roll out another installment of the "Quick Hits" feature to touch on a few items you might have missed over the last week or so: One of the biggest stories that you’ll… Continue Reading
Reducing Risks in a Reduction in Force – Is There a Perfect Solution
Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) ComplianceAddressing the legal risks associated with a reduction in force (or "RIF") has long been a topic on this blog. In fact, looking in my crystal ball way back in January 2008, I suggested that it would the hot topic before years’ end. Flash forward to the present, and the headlines continue to be dominated… Continue Reading
FROM THE ABA LABOR & EMPLOYMENT CONF: RIFs and Layoffs (or, When Bad Things Happen to Good People)
Posted in Human Resources (HR) ComplianceOver the next few days, I’ll be filing posts about the ABA Labor & Employment Law Conference held in Denver from September 10-13 (my plans to post live ran afoul of some firewalls that labelled my site a "weapons" site. Who knew?) With the unemployment rate at its highest levels in several years, it was… Continue Reading
FMLA Waivers – Supreme Court Inches Closer to Deciding Whether Workers May Settle FMLA Claims With Employers
Posted in Laws and Regulations, LitigationThe U.S. Supreme Court this morning asked the government for its views on whether workers may settle Family and Medical Leave Act (FMLA) claims with their employers. The SCOTUS Blog has the details: The Supreme Court on Monday asked the U.S. Solicitor General for the government’s view on whether workers may settle with their employers… Continue Reading
