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What is the minimum time an employer must give employee to review a settlement agreement. Can EEOC complaints be released?

Baltimore, MD |

What maryland laws govern these issues.

An employer has refused to reinstate a wrongfully terminated employee unless he signs a settlement agreement. Agreement offered for employee review 11 a.m.10/10/12. Employee must sign by close of business 10/12/12 or else.

Employee must agree to not file a charge of discrimination with EEOC, withdraw and not pursue current complaints of discrimination and retaliation.

What Maryland and Federal laws govern settlement agreements, minimum time to review and requiring an individual to give up their rights to file EEOC complaints in exchange for enjoying rights which should never have been violated?

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Attorney Answers 4


You should contact an employment lawyer directly to go over your facts and the agreement that has been proposed. It will matter what is your age. If you are over the age of 40, the Age Discrimination in Employment Act provides minimum time consideration periods (much longer than you are describing) and also mandates a revocation period even after signing.

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Undoubtedly, you need to speak with an attorney with significant experience in the labor and employment field. As a matter of public policy, any demand/requirement for a waiver of a right to file an EEOC complaint is void and unenforceable. (In fact, the mere demand/requirement may be deemed a retaliation under the appropriate statutes.)

The underlying facts will also lead to a more specific answer relating to your "time-frame" inquiry. (The type of alleged discrimination -- age, race, gender, etc. -- may impact the exact time frames.)

Any information provided in this response is for general knowledge only and does NOT create, either implicitly or explicitly, an attorney-client relationship between the party posting the initial inquiry and the attorney responding to the inquiry.

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I noticed your email was "clientadvocate1" - are you an attorney? This post sounds like you are talking in the third person.

Whoever is faced with this predicament should contact an employment attorney.

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With all due respect, it is common to ask to exchange a waiver of EEOC/MCCR complaints for a remedy like reinstatement. That is legal. It was pretty standard when I was Associate General Counsel at what is now the Md. Commission on Civil Rights.

Demanding it be signed within 2 days is not illegal but is like the auto salesman who alleges he has another buyer chomping at the bit for the same car. Malarkey. Either there is or is not a viable claim of wrongful discharge or discriminatory discharge. This should surely be discussed with an attorney familiar with both types of laws. Then, either take the deal, with its waivers, or file the appropriate suit or agency complaint.

Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-client relationship, and is not a substitute for consulting with an experienced attorney on the specifics of your situation.

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