Have you considered settling a claim instead of fighting it tooth and nail? Sometimes, that’s the smartest course of action—even if you believe your company didn’t do anything wrong.
Recent case: Timothy Jorgenson, who was 49 years old, claimed his employer fired him because he was older than the rest of the network technicians he worked with. He said supervisors made comments implying he was getting old and “needed help from the younger guys,” and that he was “getting bald and going gray.”
Jorgenson complained to his union, which negotiated a settlement on his behalf. In exchange for giving up his age discrimination claim, he would be reinstated if he passed a comprehensive standardized exam designed to test his computer skills.
Jorgenson signed the agreement—and then failed the test twice. He sued to reopen the settlement agreement when his former employer refused to give him a third chance.
But the court said he was out of luck. At best, it reasoned, he could get money damages if he could prove that the company never meant to rehire him or otherwise broke its part of the bargain. But he was not allowed to rescind the agreement and file the age discrimination claim. (Jorgenson v. Qwest, No. 07-CV-3979, DC MN, 2008)
Advice: If you decide to settle, make sure you ask your attorney to ensure that the terms and conditions are airtight. The last thing you want is a settled case that ends up in court anyway.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/5136/sometimes-settling-a-claim-is-the-smartest-thing-to-do "
- Employee complains co-workers ignore her? That's not enough for discrimination claim
- Stick to objective standards to avoid needless litigation
- Retailer Wet Seal settles race bias suit for $7.5 million
- Domestic violence and employees: Your role, Responsibility
- Congrats on winning that bias case! That doesn't mean you won't owe attorneys' fees