EEOC Settlement Question
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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????
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????
Comments
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.
I guess I'm stuck with the poor employee for now.
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.