McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

If I File a Charge with the EEOC After Signing a Waiver, Will I Have to Return My Severance Pay?

No. This is true even if your severance agreement contains provisions that attempt to prevent you from filing a charge with the EEOC, because this sort of provision is unenforceable. You cannot be required to return your severance pay (or other consideration) before filing a charge with the EEOC.

Related FAQs

  • What Is the Jake Honing Compassionate Use Medical Cannabis Act?

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  • If an Employer Provides Flexible Working Accommodations to Employees with Children During the Pandemic, are There Sex Discrimination Issues?

    Not necessarily. An employer may provide telework, modified schedules, or other benefits to employees with children without running into sex discrimination issues. Employers may provide flexible working accommodations as long as they are not treating employees differently based on sex or other protected characteristics. By way of example, female employees cannot be given more favorable treatment than their male counterparts based on a gender-based assumption about who has caretaking responsibilities for children.

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  • Is There a right to Accommodation Based on Pregnancy During the Pandemic?

    Yes. Pregnancy-related medical conditions may be considered disabilities under the ADA, although pregnancy itself is not an ADA disability. If an employee makes a request for reasonable accommodation due to a pregnancy-related condition, the employer is obliged to consider the request under ADA rules. Additionally, as amended by the Pregnancy Discrimination Act, Title VII specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the equal to others who are similar in ability or inability to work. A pregnant employee may be entitled to job modifications, such as telework, modified work schedules or assignments, and leave (to the extent provided to similarly situated employees).

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  • Under the EEOC, what Waiver Responsibilities Apply When an Employer is Conducting Layoffs?

    Unique rules apply when an employer offers employees a severance package in exchange for a general release of all discrimination claims against the employer. More information is available in EEOC’s technical assistance document on severance agreements.

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  • If I Self Quarantine Without Symptoms, Am I Protected By the Family and Medical Leave Act (“FMLA”)?

    No. FMLA coverage is generally available for “serious health conditions.” An employee who is asymptomatic and does not have a sick family member but is self-quarantining is not entitled to FMLA protection.

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  • How Can I Prevent Incidents at Company Events and Holiday Parties?

    There are measures that employers can take to protect employees and attendees at these parties. For example, employers may choose not to serve alcohol, or have less alcohol available, via a drink ticket system or otherwise.

    Other actions can also prevent disasters, such as choosing not to hang mistletoe, avoiding dancing, hiring security or staff to keep an eye out for individual welfare, and making sure that staffers can invite spouses and family members. Increasing the amount of food that is available is also something that several employers are doing at these parties in order to ensure that everyone is well-fed.

    Employees and attendees drinking and driving home is another serious liability concern. Make sure that someone is responsible for monitoring consumption and ensuring no one is driving home if they are unable to do so safely.

  • Do I Have to Go to Work if Schools in My Area Reopen?

    The steps that you should take if your school reopens will be specific to you. If you are an individual who is considered high-risk for serious harm if you contract the coronavirus, you may be eligible to stay home under the Americans with Disabilities Act. You may also have the right to stay at home if you are sick, if you have been exposed to a sick person, or if you have to care for a child who is sick or whose school is closed.

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  • What Happens if I have a Child at Home I Need to Care for, or a Sick Loved One, and Therefore Cannot Teach Remotely?

    If you are caring for a child who is at home because of a school closure, or a loved one who is sick or under self-quarantine, you are likely eligible for compensation under the FFCRA.

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  • What Happens if I am Sick and Unable to Teach Remotely?

    Most educators are covered under the Families First Coronavirus Response Act, which requires compensation for employees who are unable to work because they have a confirmed COVID-19 diagnosis, have coronavirus symptoms, or are caring for someone who is sick. You can read more about the details of the act on the website of the U.S. Department of Labor.

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  • Can My Employer Take my Temperature as I Come in to Work?

    They may be able to. Normally, temperature checks constitute an overly broad medical exam under the Americans with Disabilities Act (“ADA”). According to the Equal Employment Opportunity Commission (“EEOC”), a medical examination may only be conducted for current employees if it is “job-related and consistent with business necessity.” In response to the 2009 H1N1 virus, the EEOC issued guidance that noted that if a pandemic became widespread in the community as assessed by state health authorities or the CDC, that employers may measure employees’ body temperature. However, if an employer decides that such testing is necessary, then the reasoning and supporting facts should be documented and preserved.

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