Why Did the Lawyer Put This in My Severance Agreement?: The Cooperation Clause

This continues my series of posts deconstructing the legal gobbeldy-goop in employment agreements. Today I'll talk about a clause I often see in severance agreements: the cooperation clause. It may look something like this: Employee agrees to cooperate with Employer in connection with any legal...

EEOC Claims Retaliation Over Garden-Variety Severance Terms

The EEOC announced that it has filed a lawsuit against CVS, claiming that a severance agreement it provided to three employees unlawfully restricted their rights to file discrimination charges or communicate and cooperate with the EEOC. The EEOC claims that “CVS conditioned the receipt of severance...

More on the EEOC’s Position on Retaliation in Severance Agreements: A Proposed Solution

In an earlier post , on a lawsuit the EEOC has filed, claiming that some fairly generic terms in an employee severance agreement constitute illegal retaliation. In EEOC v. CVS , the agency claims that an agreement that attempts to limit an employee’s communication with the EEOC unlawfully attempts...