Entries Tagged as 'Settlement'

Tuesday, May 6th, 2008

Release of Employment Claims - the Paul Hastings Case

There’s been much publicity the last several days about the claim by the Paul Hastings attorney that the firm laid her off with, at least, great insensitivity.  Here’s the Release that Paul Hastings presented to her.   The attorney rejected the offer (which included a non-disparagement provision).
H/T: Above the Law

Wednesday, April 9th, 2008

Title VII Settlement for Violation of Earlier Settlement

Female brokers at Smith Barney will be paid $33 million by Citigroup, Inc., for the company’s continuing to discriminate after a 1997 settlement of a federal court sexual harassment case.  The suit filed in 2005 did not allege harassment, but contended the company did not live up to the promises made in the earlier settlement.  As many […]

Friday, January 11th, 2008

9th Cir: EPLI Coverage and Severance Pay

“Severance pay” v. “continued salary”
The Court of Appeals has reversed the District of Oregon and held that an EPLI insurer must indemnify an employer for settlement payments it made to an employee based on employment contract provisions relating to salary continuation and stock options.   
Salary continuation v. severance pay:  The employment contract guaranteed Mark Lehnert six years unreduced pay […]

Monday, August 20th, 2007

EEOC Consent Decree in Zale’s Pregnancy Case

The Seattle office of the EEOC sued Zales, alleging that it had denied Christina Kantarzis a promotion at the Sears Mall branch in Anchorage because of her pregnancy.   EEOC v. Zale Corporation, 3:07-cv-00033-JWS (D.Alaska).   Before any motion practice, the parties settled the matter.  Judge Sedwick approved the Consent Decree and Notice to Employees on July 9, 2007. The Consent Decree […]

Friday, August 10th, 2007

Waiver of Future Employment as a Condition of Settlement

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 […]