Posts tagged Settlement Agreements.

An argument can be made.

The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps.

Here are some initial thoughts.

"I don't want to fire him. Let's make him quit instead."

As anyone who's been following the news is aware, President Trump has been publicly and repeatedly indicating his displeasure with Attorney General Jeff Sessions. We are a non-partisan blog, so I'm not going to get into who's right and who's wrong about the underlying dispute. But it does seem to me that the President is trying to ...

Clocks.flickrCC.JessicaQuirkBill McMahon, my law partner and next-door neighbor, has a good analysis of the Supreme Court's recent decision in Green v. Brennan, in which the Court found that the time for filing a constructive discharge claim under Title VII starts to run from the date that the employee tenders his resignation, not the date of the last discriminatory act by the employer.

It's not that bad for ...

Cracker Jack.flickrCC.MikeMozart
"Miss me yet?"

Remember this guy?

Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary in excess of $200,000 a year) when he was 63 years old and after he'd allegedly suffered a mini-stroke.

We had limited news reports this ...

As an employer, what do you do when one of your employees reports being sexually harassed by a vendor?

Easy, right? You call the vendor's boss and say, "If you want to continue doing business with us,Costco.EnfieldCT.flickrCC.MikeMozart then you will not send this person back to our company." The vendor wants your business, so her answer is, "Sir, yes sir! Anything you say, sir! We appreciate your business! Thank you for ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination. We're providing regular coverage of the jury trial, which is expected to last about four more weeks. For the background on Mr. Simers' termination, go here. For the testimony of Mr. Simers' psychiatrist earlier this week, go here.

Duel of the ...

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony?

That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following:

  • Nothing
  • Issue 8 bazillion warnings but never act on them
  • Offer a demotion, or a transfer to a less demanding job
  • Let the employee ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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