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Track your compliance with all settlement terms

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in Employment Law,Human Resources

Anytime you settle an employment discrimination case, make sure someone is in charge of implementing all the settlement terms. Otherwise, that case you thought was over and done with could easily wind up back in court.

Recent case: Margaret works as a teacher for the San Francisco Unified School District. She sued for discrimination, but the case was settled. One of the settlement provisions stipulated that Margaret would retain her seniority, which ensured she would receive an additional five days of sick leave per year.

However, no one made sure she got the additional leave. Five years later, the days were added, but only after Margaret filed a new lawsuit alleging breach-of-contract for the five-year delay.

The court said her contract claim should go to trial. (Reyes v. San Francisco Unified School District, No. 11-CV-04628, ND CA, 2012)

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