Hello! My clients never like it and neither do I. And really, what good are most employers when an employee they`re fired testifies on their behalf? My first answer is normally to demand that this be removed from the agreement. But management lawyers like these clauses, so here`s what I usually do, it`s going to work. First of all, I ask for a language much like this: it continues my series of contributions that deconstructs the legal Gobbeldy Goop in employment contracts. Today, I`m going to talk about a clause that I often see in redundancy agreements: the cooperation clause. Maybe it`s a bit like this: in the cooperation agreement for this leader, it says in part: “I agree. SunTrust and its staff, lawyers and/or accountants, and to provide me with due care with respect to investigations, audits, litigation or potential litigation regarding matters in which I have been involved in the course of my work at SunTrust.Â On February 7, the Equal Employment Opportunity Commission (EEOC) announced that it would bring a lawsuit against CVS Pharmacy for using a severance pay agreement that infringes on an employee`s right to sue for discrimination or to communicate and cooperate with the EEOC. Although this measure is in its early stages with no guarantee of success, it will be important to keep in mind this announcement, as it shows the EEOC`s desire to change the current legal landscape with regard to the scope and applicability of redundancy agreements. In particular, the EEOC questions the use of a number of provisions that are often used in termination agreements: in this way, I don`t have to worry about the jerky employer saying that the employee must find a new job during the important sales interview, rush hour or his first day.
If the employer wishes to cooperate, he can organize it after work or on a weekend, so that the employee is not fired from his new job. If they want a deposit, it`s the same. Statements can be scheduled so that they work at times when the employee is fired from their new job. Without this language, the employer can say, “Tough tookies” when the employee cries. The other language I am asking for is that the employee be paid for his or her time. While they probably cannot be paid for their time as witnesses, I would like to ensure that my client does not become an agent forced to help his former employer respond to complex investigative requests or submit to endless preparatory meetings to testify. Even if it is a statement, the employee should be compensated out of pocket for expenses such as parking fees, miles of gasoline and other expenses related to this cooperation. Requiring a former employee to work for free is probably in any case contrary to the Fair Labor Standards Act, so even if payment is not included in that clause, an employer who goes too far in his claims could come into conflict with the Department of Labor. . . .