Nondisparagement Provisions – Potential Interference With EEOC Investigation Participation Rights

The EEOC is challenging a form separation agreement which includes a clarification clause to avoid interference between a separation agreement’s nondisparagement provision and its possible interference with an employee’s right to participate in an EEOC investigation.

This may be notable for settlement agreement purposes, as well.  Read:

Beware! “Standard Terms” in Your Company’s Separation Agreement Might Trigger a Lawsuit: EEOC Says Common Provisions Are Unenforceable

BY JASON ContractE. REISMAN AND PAUL C. LANTIS ON JUNE 16, 2014
POSTED IN EMPLOYMENT AGREEMENTS

About Maria Hanna Joseph

Maria Hanna Joseph, principal of Joseph Mediation, is an Attorney-Mediator who is highly regarded for her experience and ability to resolve employment, workplace and organizational disputes. She has served more than 2,000 matters over her 20 years as a mediator and her 29 year employment law career. With care, expedience and economy, Maria helps attorneys and parties achieve settlement in nearly every mediation. Moreover, her pragmatism and perseverance bring about purposeful settlements; products of Maria's insight and creativity, gained by her depth of experience and training. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage extremely challenging circumstances and settle a wide variety of cases. Maria is available to provide services in-person or virtually (utilizing teleconference and desk-top videoconference resources) throughout Massachusetts, New England and the U.S.
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