COMMENT: IF I SIGN THIS RELEASE, I CAN STILL SUE YOU LATER, RIGHT? THE CURRENT (AND FUTURE) STATUS OF FMLA WAIVERS Skip over navigation
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Copyright (c) 2008 by the Capital University Law Review
Capital University Law Review

COMMENT: IF I SIGN THIS RELEASE, I CAN STILL SUE YOU LATER, RIGHT? THE CURRENT (AND FUTURE) STATUS OF FMLA WAIVERS

Fall, 2008

Capital University Law Review

37 Cap. U.L. Rev. 137

Author

SHANNON G. MINK *

Excerpt

I. INTRODUCTION: A CIRCUIT SPLIT

Jane has been a supervisor at X--Corp for seven tumultuous years. In the past year, she has been late numerous times without calling and without good reason. She has been warned verbally several times, and once in writing, about her excessive tardiness. Jane's manager, Bob, has also had a number of complaints about her attitude and rudeness. Bob has discussed the problems with Jane, but nothing has changed. Jane's behavior is disrupting the office environment and harming morale within her department. Bob is sick and tired of having to deal with the drama Jane creates every day and discusses the situation with human resources and corporate counsel. All decide the best solution is to forgo further disciplinary action and discharge Jane. At the suggestion of corporate counsel, Bob offers Jane two weeks' pay and a check for $ 1000 in exchange for signing an agreement which includes a waiver releasing X--Corp from any claim Jane may have against the company. Jane, who is aware that her standing at X--Corp is in danger, decides this is a good deal and agrees to sign. The end. Or is it?

This scenario is not uncommon; across the country employers are faced with similar situations all the time. Chances are most people who have worked in "corporate America" have a Jane story. Sometimes the only solution an employer has is to let the employee go. When an employer discharges an employee, the employer will often ask the ...
 
 
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