EEOC ISSUES GUIDANCE ON EMPLOYEE SEVERANCE AGREEMENTS

Posted in Law ::: July 28, 2009 5:35 PM

The Equal Employment Opportunity Commission has issued a new guidance on severance agreements for employees and surprise, it's pretty employee friendly.  Yet, it is a useful tool for employers to look over when considering these agreements.  Here is the link: http://www.eeoc.gov/policy/docs/qanda_severance-agreements.html

Several points they cover is that you cannot have an employee waive the right to file a claim before the EEOC or waive the ability to participate in an agency investigation. Also, it is reaffirmed that the employee needs to be receiving some additional consideration beyond that which they were already owed for the agreement/waiver to be valid.  The waiver must also advise the employee to consult an attorney before signing.  There are other things to look out for as well, obviously, but this is a blog, not a law review article.  If you have questions, I'm here.

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