The main reason to settle a case is to make the whole thing go away.
But when you settle with a former employee, consider the possibility that she may apply for open positions in the future. If you want to avoid a second round of litigation, consider including a “no rehire” clause in the settlement agreement.
Recent case: Suzanne Pemrick sued the State University of New York (SUNY) for retaliation when she applied for an open position and wasn’t hired.
She had sued SUNY once before, charging the school with discrimination back in 1987. That case had been settled, but didn’t include a bar to further applications.
The court said there was no evidence that Pemrick’s application was rejected in retaliation for her previous lawsuit. The case was dismissed. (Pemrick v. Stracher, et al., No. 07-3472, 2nd Cir., 2009)
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/9579/settling-case-consider-no-rehire-clause "
- No personal supervisor liability under Title VII
- St. Vincent Hospital fires worker over threatening note
- Interview and consider applicants even if they're receiving SSD payments
- Workers' comp leave doesn't stop 'FMLA clock'
- Take 10: How to handle the California Labor Code mandate to provide midshift breaks