ILLEGAL CLAUSES IN SEPARATION & SETTLEMENT AGREEMENTS
Every once in a while a dispute is ended with an agreement where the employee receives some form of compensation in returning for dropping a claim against an agency. The law has been shifting quickly in that area, particularly in terms of holding unenforceable any provisions which waive an employee’s right to pursue a statutory claim through a government agency—whether it be EEOC, the Dept. of Labor, etc. While we recommend anyone involved in crafting or administering a settlement/severance agreement check with a lawyer experienced in these particular matters before making decisions, here is a good article for non-lawyers that should give you an idea of what to look for.