1 dezembro 2020
In order to minimize the risk of potential litigation, Many outgoing workers offer money or benefits in exchange for unlocking (or “relinquishing”) liability for all rights related to the employment relationship, including discriminatory claims under civil rights legislation imposed by the Equal Employment Opportunity Commission (EEOC) – the Discrimination Age in Employment Act (ADEA) , Title VII, the Americans with Disabilities Act (ADA) and the Equal Pay Act (EPA).  While it is customary for high-level executives to negotiate severance pay when they are originally recruited, other employees are generally offered severance pay and are invited to sign a waiver at the time of termination. When you have a severance contract, many employees wonder if it is legal. Do you want me to sign? Example 3: A dismissed employee of her position at an automotive assembly plant has agreed to exempt her employer from claiming $100,000 in compensation. After signing the waiver and cashing the cheque, she filed a complaint claiming that she had been harassed and discriminated against by her colleagues during her employment. A court found that the employee`s waiver was a whirry and voluntary considering all the circumstances related to his performance: the staff member attended university and took paralious courses including a contract course; she had no difficulty reading; the agreement was clear and unequivocal; she had enough time to think about whether she should sign it; she was represented by a board; The employer`s cash payment was an appropriate consideration; and did not offer to return the payment it received for the signing of the waiver declaration.  In a situation where the working relationship is terminated as a group, the level of protection has increased slightly. While individuals have a viewing time of 21 days, groups have a 45-day extension to take all the information. Nor can employers escape the “No Tender Back Rule” by using other means to restrict a worker`s right to challenge a waiver agreement or by sanctioning a worker for challenging a waiver agreement. For example, an employer cannot require a worker to pay damages to the employer or pay the employer`s legal fees for the sole filing of an old-age action.
However, employers are not prevented from recovering legal fees or fees specifically authorized by federal law.