Friday, August 10th, 2007...1:31 pm
Waiver of Future Employment as a Condition of Settlement
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Most management-side lawyers are wary of initiating a conversation about waiving future employment as part of a settlement agreement, for fear of triggering a retaliation charge.
Federal OSHA has now issued a policy letter that sets out criteria for agency review of such waivers. OSHA will look at, e.g., the breadth of the employment restriction, the compensation paid for the waiver, the strength of the employee’s underlying case, and whether the employee was represented by counsel.
HT: Michael Fox.
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