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Last-chance agreement can head off discrimination suit

by on
in Employment Law,Human Resources

An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.

If he accepts that deal, he won’t be able to wiggle out of it later.

Recent case: Jason, who is Hispanic, was going to be disciplined for allegedly violating his employer’s family leave rules when he took time off. The matter was settled when Jason agreed not to sue over his allegations that the discipline was based on race discrimination.

Jason sued anyway, but the court tossed out his claim. It reasoned that it didn’t matter whether Jason signed the agreement not to sue in order to keep his job. A deal’s a deal. (Lamboy v. State of California, No. C-11-3357, ND CA, 2012)

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