Consideration is something of a value to which a person is not already entitled, which is given in exchange for an agreement to do something or refrain from doing it. When an employee filed a complaint against The Coleman Company, Inc. with the EEOC, this issue of termination agreements became the focus of the case. The complaint was based on a violation of the Americans with Disabilities Act and Title VII. The voluntary conciliation agreement announced in February 2018, however, focused on the employee`s severance pay agreement and the employee`s right to complain and cooperate with an EEOC investigation into these allegations. This letter represents the agreement between you and [your employer] (“the Company”) on the terms of your separation from the Company (hereinafter the “Contract”). The Agreement shall enter into force on the date referred to in paragraph 7. Note that the EEOC`s agreement with Coleman goes far beyond the current party of charge. Coleman must not only review and perhaps revise his current agreement, but also notify all employees who have signed similar agreements in recent years. Once the EEOC addresses an issue in your workplace, it can go beyond the current employee. The EEOC has already hinted at this. In its Strategic Implementation Plan 2012-16 (which we have blogged about here), the EEOC announced its intention to “target policies and practices that prevent or prohibit individuals from exercising their rights under workplace discrimination laws, or that impede the EEOC`s investigative or enforcement efforts.” The Agency zealously pursues this intention and asserts, for example in CVS Pharmacy, that cvs` separation agreement infringed an employee`s right to lay a charge with the EEOC and its investigative capacity.
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