Most contested personnel actions settle. A comprehensive settlement addresses events past, present, and future to avoid litigation over the agreement’s meaning. The settlement should be complete, concise and clear. Peter Broida’s third, expanded text on settlement guides practitioners who negotiate and write agreements resolving federal personnel disputes. He offers practical guidance on the settlement process. He provides hundreds of examples of settlement provisions addressing dozens of issues in MSPB, EEOC, and arbitration cases. The examples show what can be included in a settlement—a check against significant omissions.

The examples address common issues:

• Settlement Techniques and Terms — clean paper agreements, discussion records
• Access to and Return of Agency Property; Access to Facility
• Actions Upon Breach — consequences, return of benefits
• Cancellation or Rescission of Action — restore employment, no further action based on prior events
• Conditions of Ongoing Employment — continuing or future duties, disability accommodation, insurance, last chance, abeyance, training
• Construction of Agreement — admissions, advice of attorney, ambiguous terms authority to settle, binding effect, consideration, construction against drafter, effective date, final and complete settlement, modification/amendment of settlement, precedential value, severability, voluntariness
• Disclosure and Maintenance of Information — confidentiality, employment reference, litigation files, confidential agency information, nondisparagement, remove or cleanse records, statutorily protected disclosures
• Enforcement
• Financial Considerations —back pay, bonus, QSI, compensatory damages, counsel fees, lump sum payments, reimbursement of expenses, tax liability, unemployment compensation, workers’ compensation
• Future Employment — restrictions
• Introductory clauses
• Leave Status — administrative, LWOP
• Performance — standards, ratings
• Promotion — priority consideration
• Substituted Employment Actions — contract work, appointment conversion, Intergovernmental Personnel Act assignment, reassignment, detail, RIF, reduction in pay or grade, reprimand, warning letters, resignation, retirement, suspension, flexible place assignment, telework
• Termination of Appeal — withdrawal of appeal or complaint
• Waiver of Rights — global and specific releases; OWPBA protections, after settlement nonwaiver claims, transfer assignment of claims
• Miscellaneous — cooperation, good faith, distribution of agreement, execution, governing law, headings/captions, notices, official time, personal property, crimes, reprisal, security clearance, SF-50 form, signatures
• DVA ORM EEO Settlement Agreement Handbook

Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text.

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