In July 2011 Florida amended regulations for employment settlement agreements and severance pacakages. What and where are they?

Asked over 2 years ago - West Palm Beach, FL

This would be an inhouse settlement of a discrimination complaint. There is a pending EEOC charge, but EEOC is not a party to this complaint, but the complainant is agreeing in the settlement to withdraw the EEOC charge..

Attorney answers (1)

  1. Scott Thomas Fortune

    Contributor Level 8

    Answered . With a few exceptions, a private employer (non-governmental) and its employee may settle their disputes in any manner they wish. But an employee cannot be required to drop her administrative charge of discrimination with the EEOC and/or the FCHR as a condition of settlement. The employee can waive her right to recover money pursuant to her EEOC charge, but it would be against public policy to require her to drop her charge. This is because the EEOC has a DUTY to investigate workplace discrimination.

    In addition, an employee cannot settle his claim for overtime pay for less than the full amount he is owed. A settlement agreement to accept less than he is owed is invalid.

    There were no changes to Florida law in July 2011 which affected settlement agreements or severance pay in private employment.

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