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Non-monetary settlements
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Non-monetary settlements
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I am looking for creative, non-monetary items to potentially provide a former employee to try to resolve her dispute with the company. Suggestions are welcomed for the list I've already begun. Thanks.
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Forums » Topic Forums » Legal Forum » Non-monetary settlements
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Non-monetary settlements
posted at 8/10/2011 7:13 AM EDT
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Posts: 3
First: 8/10/2011 Last: 8/10/2011 |
It is an age claim. Former employee is approximately 64. She was with the company 4 years. Bringing her back isn't an option because of the performance issues leading to her termination (and subsequent problems discovered after she left). She was not on the company health insurance plan. Providing a neutral employment reference, changing the termination to resignation, and paying for job placement services are options already on the list. Was hoping others had developed some creative solutions. |
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Non-monetary settlements
posted at 8/10/2011 7:46 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Were the performance issues documented? If so, what makes you think you have to settle at all? Have you terminated younger (under 40) employees for the same performance deficiencies? Can you prove it?
Obviously you can't use issues you found after the termination as proof of why you terminated her. Because then it just looks like was pretense and you are trying to prove it up. Does your attorney think you need to make an offer to settle? While hindsight is 20/20, have you ever used a waiver/release of claims with a severance agreement? If so, what kind of monetary benefit did you offer? I can't imagine she would settle for no money if there is truly a case. I agree wiht the question on what is she/her attorney asking for. |
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Non-monetary settlements
posted at 8/10/2011 8:52 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
rrupert brings up great questions. I would be concerned about the documentation you may have (eg, performance evaluations, written warnings, etc). I would also review the provisions of the Older Workers Benefits Protection Act to ensure that you were in compliance there (if applicable).
If you have solid documentation of performance issues, you should be OK. And if your former employee has an attorney, you should have one too. This forum is not a substitute for competent counsel. |
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Non-monetary settlements
posted at 8/10/2011 9:02 AM EDT
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Posts: 3
First: 8/10/2011 Last: 8/10/2011 |
We have good documentation, good witnesses, and a good basis for the termination. We want to save fees and costs of litigation, if possible. This is why we are exploring potential non-monetary ways in hopes of resolving the dispute at an EEOC mediation. |
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Non-monetary settlements
posted at 8/10/2011 9:08 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
The obvious question is why are you mediating with the EEOC? They have no power in this matter if you have what you say you have. (I never mediate or discuss anything with them except what I am required to do. They always go away and I have no further issues with them. That track record is 100%))
Make her the offer you have already assembled buit ONLY AFTER she asks for something. If your documentation is in order this one is a nuisance and should be treated as such. |
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Non-monetary settlements
posted at 8/10/2011 9:48 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
If this is going to mediation with the EEOC, I'm thinking that your employee is thinking monetary, not non-monetary, settlement.
Avoiding attorney costs is a consideration, but attorney costs at this point are your best bet to avoid much costlier litigation costs later. |
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