EEOC Settlement Question

Still Need Coffee

Has anyone heard of incorporating a termination of employment into an EEOC settlement agreement? Here's the *hypothetical* situation:

A current employee files a charge with the EEOC against us. This is an employee who has done nothing but complain during their entire employment with us, and who we see as never being happy here. Is it even possible to try and settle the case outside the EEOC, and include a provision that her employment will terminate as part of the settlement? Of course, a handsome severance would be paid.

I know on the face it sounds retaliatory, but when you think about the amount of money it would take to fight this charge, which the employee would most likely lose, we are still left with an unhappy employee in our midst. It would be best for all parties if the employee were not employed by us anymore. Does this make any sense? Words of wisdom????

ACU Frank

I've been involved in a few of those, and an 'amicable separation' has always been a condition.

More than once I've approached my boss with the following proposition: "We have an opportunity to improve our workforce and all it's going to cost us is a slight bump in our unemployment tax." It's similar to the situation you find yourself in - there are times when the cost of keeping an employee around is much greater than the cost of paying them to go away, and the worst thing you can do is let yourself (or your CEO) take that cost personally.

sonny

Never had an EEOC settlement, but it is is condition of ALL of our WC settlements.

Still Need Coffee

Thanks guys - unfortunately, I just spoke with our attorney, who advised against this sort of action, as it could be perceived as retaliatory for filing the EEOC charge.

I guess I'm stuck with the poor employee for now.

neveradull

I have at EEOC mediation included separation as part of the agreement which included an agreement to never apply for any position within the company.

ACU Frank

I'm surprised your attorney is recommending against it. I've never had an attorney who didn't automatically include it in any settlement - EEOC, work comp, etc.

Nanook88

[QUOTE=Still Need Coffee;717912]Has anyone heard of incorporating a termination of employment into an EEOC settlement agreement? Here's the *hypothetical* situation:

A current employee files a charge with the EEOC against us. This is an employee who has done nothing but complain during their entire employment with us, and who we see as never being happy here. Is it even possible to try and settle the case outside the EEOC, and include a provision that her employment will terminate as part of the settlement? Of course, a handsome severance would be paid.

I know on the face it sounds retaliatory, but when you think about the amount of money it would take to fight this charge, which the employee would most likely lose, we are still left with an unhappy employee in our midst. It would be best for all parties if the employee were not employed by us anymore. Does this make any sense? Words of wisdom????[/QUOTE]

I agree with the attorney. Attempting to settle outside the EEOC once the claim is filed is a bad idea. I would try for mediation and get the condition in there with the severence that you have in mind.

ACU Frank

By "outside the EEOC" I thought you meant using the arbitrator/mediator, which is still technically within the system because the EEOC recommends it. But if you meant on your own, without EEOC/arbitrator/mediator participation, then absolutely Nanook is correct - you should never try to settle these outside the system once they have been filed.