Written by Peter Broida, a long-time practitioner before the MSPB and EEOC, Settlement Forms for MSPB and EEOC Federal Personnel Litigation provides examples of settlement clauses, drawn from actual settlement agreements, to help practitioners structure agreements. Practice tips offer explanations concerning the more significant settlement provisions and those that often prove to be problematic. Major settlement provisions are grouped by settlement topics and categorized alphabetically.

Practitioners rely on this handbook for ideas on provisions concerning:

• Access To and Return of Agency Property and Access to Facilities
• Actions Upon Breach; Consequences of Breach—return of benefits
• Cancellation or Rescission of Action—cancel adverse action; restore employment; no further action required based on prior events
• Conditions of Ongoing Employment—training; description of duties; continuing duties; disability accommodation; last chance and abeyance agreements; insurance
• Construction of Agreement—effective date; binding effect; consideration; voluntariness and understanding, advice of attorney; ambiguous terms; authority to settle; Older Workers Benefit Protection Act and waivers; OWBPA revocation period; OWBPA consideration period; OWBPA release; notice of rights; notice of ADEA rights; final, complete settlement and modification or amendments; severability; admissions; precedential value; construction against drafter
• Disclosure and Maintenance of Information—remove or cleanse records; confidentiality; nondisclosure of confidential agency information; employment reference; nondisparagement of agency; litigation files
• Enforcement—acceptance of settlement by MSPB or EEOC for enforcement; jurisdiction to accept settlement into MSPB record for enforcement
• Financial Considerations for the Appellant—back pay; lump sum payments; bonus (QSI); compensatory damages; counsel fees; reimbursement of expenses; unemployment compensation; workers compensation; tax liability; waiver of recoupment
• Future Employment
• Introductory Clauses
• Leave Status—leave; leave without pay; administrative leave
• Performance—performance ratings and standards
• Promotion—promotion; consideration of promotion; priority consideration
• Substituted Employment Actions—resignation; retirement; reassignment and detail; intergovernmental personnel act assignment; reduction in force; temporary duty and flexible place assignment; conversion of appointment; reduction in pay or grade; suspension; contract work; reprimand and warning letters
• Termination of Appeal—withdrawal of appeal or complaint; non-assistance
• Waiver of Rights—nonwaiver of claims arising after settlement; general or global release; transfer, assignment of claims
• Miscellaneous—headings and captions; execution; distribution of agreement; effect of faxed, photocopied signatures; notices; mediation; security clearance; personal property; official time; SF-50 form; reprisal; cooperation; governing law; reporting of crimes; points of emphasis; signatures

Also included is a detailed table of contents.

Also available as a .pdf file on a CD-ROM or as an ebook for instant download.

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