IN THIS ISSUE:

1. Feature Story: EEOC Issues Technical Assistance Document On Waivers In Severance Agreements

2. Cathie's Corner: Termination Tales

3. How To Lose A UI Case Without Really Trying

4. Free Report: U.S. Supreme Court's 2008-2009 Employment Law Decisions

5. HR Soapbox: The Perfect Résumé

AHI's We Couldn't Make This Up 

When business took a dive, a marketing firm in northern England turned to a business psychologist. His recommendation? Get naked to boost team spirit! According to the psychologist, doing so would allow employees to lose their inhibitions and talk more openly and honestly with each other. The firm took his suggestion. For the week leading up to Naked Friday, as it was called, the firm counseled employees and assured them there was no pressure to participate. When Naked Friday arrived, all but three employees showed up in their birthday suits. The three got into the spirit of things, though; two stripped down to their underwear and one wore nothing but a strategically placed pouch. Since Naked Friday, the firm reports that business is thriving.

DIRTY DOZEN RULES FOR MANAGING DIFFICULT PEOPLE 

Wednesday, August 5, 2009
Live Web Conference
1:00 PM - 2:30 PM Eastern 

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During this live web conference, you and your managers will learn how to: 

• Avoid the one action plan that is sure to fail when managing difficult employees
  
  
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• Master the skill of giving critical feedback
  
  
• Choose your approach to confrontation with confidence and help your difficult employees rise above the poor choices they sometimes make

Visit our website to register today. Hurry...before that next problem employee knocks on your door! 

Or if you prefer, please call customer service at 800-879-2441 and mention product code: G15176.

1. FEATURE STORY:
EEOC ISSUES TECHNICAL ASSISTANCE DOCUMENT ON WAIVERS IN SEVERANCE AGREEMENTS

The Equal Employment Opportunity Commission (EEOC) recently released a technical assistance document that explains terminated employees' rights and obligations when offered severance pay in exchange for a waiver of discrimination claims under the Age Discrimination in Employment Act (ADEA), Title VII, the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA). The EEOC issued the document, in part, in response to a significant spike in age discrimination charges and amid increased layoffs involving waivers of rights.

While the document is written for employees and addresses the questions they may have, it contains important reminders for employers. The plain English, question-and-answer format allows both employers and employees to more readily understand the sometimes complicated requirements of enforceable waivers.

The document does not contain new guidance, but reminds employers that:

• A waiver in a severance agreement is only valid when an employee knowingly and voluntarily consents to the waiver.
  
  When it comes to determining whether a waiver of rights under Title VII, the ADA, or the EPA is knowing and voluntary, most courts will look at the totality of circumstances, including whether:

— it was written in a manner that was clear and specific enough for the employee to understand based on his/her education and business experience;

 

— it was induced by fraud, duress, undue influence, or other improper conduct by the employer;

 

— the employee had enough time to read and think about the advantages and disadvantages of the agreement before signing it;

 

— the employee consulted with an attorney or was encouraged or discouraged by the employer from doing so;

 

— the employee had any input in negotiating the terms of the agreement; and

 

— the employer offered the employee consideration (e.g., severance pay, additional benefits) that exceeded what the employee already was entitled to by law or contract, and the employee accepted the offered consideration.

For a waiver to be considered knowing and voluntary under the ADEA, it must comply with the factors outlined in the Older Workers Benefit Protection Act.

• Waivers must comply with applicable federal and state laws. Note: A guidance footnote states that state law typically governs questions regarding the proper construction of a severance agreement and the validity of waivers.
  
  
• Even if an employee signs a waiver releasing the company from all claims, the company cannot lawfully:

— require the employee to waive future rights;

 

— prevent an employee from filing a charge of discrimination with the EEOC;

 

— limit an employee's right to testify, assist, or participate in an investigation, hearing, or proceeding conducted by the EEOC; or

 

— require an employee to return the money or benefits received in exchange for waiving his/her rights if he/she does file a charge.

2. CATHIE'S CORNER: TERMINATION TALES

Last week, I told you about some stories my friends and I had collected about hiring employees. I thought this week I'd go the opposite route and talk about terminations. No one likes to fire someone, but every once in a while you find yourself in a situation that makes you either shake your head or laugh....Continue the story.

3. HOW TO LOSE A UI CASE WITHOUT REALLY TRYING 

State unemployment laws are principally designed to aid employees, not employers. Under most state laws, there are only a few ways employees can be disqualified from receiving benefits — primarily by...Continue the story.

4. FREE REPORT: U.S. SUPREME COURT'S 2008-2009 EMPLOYMENT LAW DECISIONS 
 

Check out the new Free Report, "U.S. Supreme Court's 2008-2009 Employment Law Decisions," which summarizes each of the Supreme Court's eight employment-related decisions issued during its 2008-2009 term, and what they mean to employers. The rulings cover everything from reverse discrimination, to age discrimination, to retaliation, to pregnancy discrimination, to benefits, to unions and mandatory arbitration agreements.

5. HR SOAPBOX: THE PERFECT RÉSUMÉ

Is there such a thing? From an employee's standpoint, I'm guessing it's the one that lands them a job. For that to happen, though, the résumé has to make it past HR....Continue the story.