Legal Question in Civil Rights Law in Illinois

Last Chance Agreement

In a last chance agreement offer made, by the employer, to reinstate a suspended/terminated employee, which requests the employee waive rights to sue, to be a witness at any legal hearing and no contractural grievance rights in regards to this offense, employee must withdraw eeoc charges and no back pay them the employer will take seniority away, then freeze to a job which is lower in pay, for a period of two years. Does this agreement seem discriminatory and could it be binding for the employee if they choose to sign the agreement?


Asked on 3/24/02, 10:56 pm

2 Answers from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Last Chance Agreement

In general answer to your question, it sounds like you filed certain discrimination charges against your former employer. As a settlement of such charges, the employer is offering you your job back but with no back pay, etc.

Again, as a general matter and without specific advice to your situation, a settlement agreement voluntarily entered into in an arm's length transaction constitutes a binding contract. Simply because an employer makes an offer to settle discrimination charges does not mean that the offer itself is discriminatory.

If you do not like the terms of the settlement, you should not sign it; however, you should be careful that you may not be able to do any better if you follow through with your charges to the end. You must balance the "bird in the hand" of what your former employer is offering you versus the likelihood of success on your claim and the remedy that goes along with such success.

I would not sign the agreement with the hope that it is unenforceable.

-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo

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Answered on 3/26/02, 11:19 am
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Last Chance Agreement

In order to evaluate the agreement, an attorney should review the entire document and the context. Discrimination generally refers to workplace conduct. Please consult with an attorney for more information.

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Answered on 3/25/02, 10:11 am


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