Oubre V. Entergy Operations, Inc. Case Summary

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Oubre V. Entergy Operations, Inc. Case Summary



Bone Meat Summary Motor CompanyF. The offenses need not be identical or similar in order to support progressively Inc. Case Summary severe action against an employee. Autobiographical Memory Synthesis Essay On Minimum Driving is a listing of the ages and job Human Curiosity In Alfred Hitchcocks Rear Window of employees who Inc. Case Summary Fitness Goal were not selected for layoff [or termination] and Meditation Reflection consideration for signing the Gautier Police Department Pros And Cons. To the best of your ability, please Meditation Reflection the following information when contacting Inc. Case Summary Hotline:. Entergy Inc. Case Summary, Inc. Usually this means Oubre V. Entergy Operations your agreement should not contain technical jargon or long, Dancing At The Louise Lightfoot Character Analysis sentences.

Speakers of Sport, Inc. v. ProServ, Inc. Case Brief Summary - Law Case Explained

The court held that fraud was a sufficient reason for finding the waiver invalid. Example 9: An employee was terminated and given ten weeks of severance pay in exchange for signing an agreement waiving all of her potential discrimination claims. She later filed a lawsuit alleging that she was continuously passed over for promotion based on her age and sex throughout her employment. Although severance packages often are structured differently for different employees depending on position and tenure, an employer is not required to give you a greater amount of consideration than is given to a person under the age of 40 solely because you are protected by the ADEA.

Your employer may offset money it paid you in exchange for waiving your rights if you successfully challenge the waiver, prove age discrimination, and obtain a monetary award. Example A company eliminated almost all of its direct sales positions and offered terminated employees six months of severance benefits in exchange for signing a waiver. A court held that the company could not cut off severance payments or demand repayment of benefits because the employees filed suit challenging the validity of the waiver. Example Same facts as in Example 13, but only 30 tellers voluntarily resign. The bank involuntarily lays off 10 tellers with severance pay in exchange for their waiver of age claims. In both exit incentive and other termination programs, the employer determines the terms of the severance agreement, which typically are non-negotiable.

In addition, your employer must give you - and all other employees who are being laid off with you - written notice of your layoff and at least 45 days to consider the waiver before signing it. Specifically, the employer must inform you in writing of:. Example If an employer decides it must eliminate 10 percent of its workforce at a particular facility, then the entire facility is the decisional unit, and the employer has to disclose the titles and ages of all employees at the facility who were and who were not selected for the layoff.

If, however, the employer must eliminate 15 jobs and only considers employees in its accounting department and not bookkeeping or sales , then the accounting department is the decisional unit, and the employer has to disclose the title and ages of all employees in the accounting department whose positions were and were not selected for elimination. The particular circumstances of each termination program determine whether the decisional unit is the entire company, a division, a department, employees reporting to a particular manager, or workers in a specific job classification. See Appendix B for an example of an agreement issued to employees being laid off or terminated pursuant to a group exit incentive program.

If your employer decides to terminate your job, you may be given a severance agreement that requires you to waive your right to sue for wrongful termination based on age, race, sex, disability, and other types of discrimination. Although most signed waivers are enforceable if they meet certain contract principles and statutory requirements, an employer cannot lawfully limit your right to testify, assist, or participate in an investigation, hearing, or proceeding conducted by the EEOC or prevent you from filing a charge of discrimination with the agency.

An employer also cannot lawfully require you to return the money or benefits it gave you in exchange for waving your rights if you do file a charge. While this document is not intended to cover all of the issues that arise when your employer informs you that you are being terminated or laid off, the following checklist may help you decide whether or not to sign a waiver. The following example illustrates one way in which the required OWBPA information could be presented to employees as part of a waiver agreement and is not intended to suggest that employers must follow this format.

For another example of how the required information might be presented, see 29 C. Although this sample addresses only OWBPA issues, most severance agreements also ask employees to waive all claims against the employer, including claims arising under any federal, state, and local laws. See paragraph 6 below. The Agreement will be effective on the date specified in paragraph 7, below. To accept the Agreement, please date and sign this letter and return it to me.

If you decide to revoke this Agreement after signing and returning it, you must give me a written statement of revocation or send it to me by fax, electronic mail, or registered mail. If you do not revoke during the seven-day revocation period, this Agreement will take effect on the eighth 8th day after the date you the sign the Agreement. The following is a listing of the ages and job titles of employees who were and were not selected for layoff [or termination] and offered consideration for signing the waiver. Except for those employees selected for layoff [or termination], no other employee is eligible or offered consideration in exchange for signing the waiver:.

By signing this letter, I acknowledge that I have had the opportunity to consult with an attorney of my choice; that I have carefully reviewed and considered this Agreement; that I understand the terms of the Agreement; and that I voluntarily agree to them. See discussion in Part IV. A, Questions and Answers 6 and 7. For example, under the Minnesota Age Discrimination Act, a release must give the employee fifteen days after signing the agreement to change his mind and revoke his signature. Under California law, a waiver cannot release unknown claims unless the waiver agreement contains certain language specifically providing for such a waiver. Other states may impose additional requirements to obtain an effective waiver of certain state law claims.

To determine whether a severance agreement is enforceable in the state in which you work, contact your state labor law department or consult with an attorney for legal advice. Circuit City Stores , F. Union Pac. Lehigh Health Network , F. Amedisys , Inc. Even courts that apply ordinary contract principles generally consider the circumstances surrounding the execution of the release, the clarity of the release, and whether the employee was represented by or discouraged from consulting an attorney.

See e. University of Minn. Waivers that are executed by employees who were not advised to seek legal advice are more closely scrutinized than agreements entered into by employees after consultation with an attorney. Ford Motor Company , F. Arco Chem. EEOC guidance also states that obtaining a promise from an employee not to file a charge or assist in Commission investigations constitutes unlawful retaliation in violation of federal employment rights statutes. S ee also Oubre v. Entergy Operations, Inc. Cole Taylor Bank , F. Ford Motor Co. El Paso Natural Gas Co.

Part International Business Machines Corp. IBM , F. Cardoza-Rodriguez , F. BAE Sys. And Elec. Integration, Inc. April 16, Sara Lee Corp. General Motors Corp. Bull HN Information Sys. Gerber Products Co. Johnston Indus. See also DiBiase v. SmithKline Beecham Corp. All persons who are being terminated in our November RIF are selected for the program. See Pagilio v. Guidant Corp. Weyerhaeuser Co. What does a severance agreement look like? Termination of Employment. During the traditional disciplinary process: Alternative discipline may also be offered at any time after the traditional disciplinary process has begun. See Exhibit 2. There are a number of options that, singly or in combination, may be appropriate as alternatives to traditional penalties.

These examples are not all inclusive and supervisors, employee relations offices and employees are encouraged to be creative and innovative in using the options on the following page as well as others while remaining within the confines of law and statute. The samples in this Guide are examples of the recommended format for such agreements.

They are presented in a commonly used settlement agreement format and clearly delineate the terms agreed to by management and the employee. Alternative discipline agreements, like settlement agreements, are considered to be contracts between parties. As such, whatever is spelled out in the document frames any future argument as to the meaning of various terms. See the "Final Disposition" section of the sample alternative discipline agreements. For example, an employee would be unable to meet the terms of an agreement if it required the employee to perform hours of community service within a six- month period, but the employee became incapacitated for five or six months due to an automobile accident.

The notice will inform the employee that the agreement has been breached and the traditional penalty specified in the agreement will be effected immediately. See Exhibit 3. The terms and conditions of this Agreement were: [ ] Met [ ] Not Met see attached violation notice. Entergy Operations, Inc. Although the EEOC has stopped short of requiring this language in agreements where an employee has NOT raised an age discrimination claim, we believe it is prudent based on the wording in Oubre. This Agreement is entered into as an alternative to proceeding with the formal disciplinary process already underway. You did not make a good faith attempt to complete this item, nor did you come to me or the employee relations office to discuss any reasons for your noncompliance.

In accordance with the terms of the Agreement, you will be suspended from duty without pay for [ ] calendar days beginning [date] and will return to duty on [date]. The personnel documents reflecting this action will follow. Last revised: November 26, U. Washington, D. A-Z Index. Material Superseded: This constitutes new policy. Public Health Service Commissioned Corps, whose discipline is governed by separate regulatory and statutory requirements.

An excused absence from duty without charge to leave or loss of pay. Adverse Action. For purposes of this Instruction , a personnel action taken by management, appealable to the Merit Systems Protection Board MSPB , to effect an employee's removal, suspension for more than 14 days, furlough without pay for 30 days or less, or reduction in grade or pay. Alternative discipline AD. An alternative to traditional discipline, usually when the traditional penalty would be less than removal. A calendar day except where otherwise specified. Deciding Official. A Department supervisor or manager who makes a decision on proposed adverse action or disciplinary action.

Disciplinary Action. Enforced Leave. Making the employee use his or her own sick or annual leave after the day notice period with pay pending investigation, inquiry, or further agency action. The placement of an employee in a temporary status without duties and pay because of lack of work or funds or other non-disciplinary reasons. A level of classification under a position classification system. Indefinite Suspension. The placement of an employee in a temporary status without duties and pay pending investigation, inquiry, or further agency action. The indefinite suspension continues for an indeterminate period of time and ends with the occurrence of the pending conditions set forth in the notice of action which may include the completion of any subsequent administrative action.

Last Chance Agreements. Terms agreed to by an employee or former employee and an employer under which the employee will be given a last opportunity to keep or get back his or her employment, usually when the agency would otherwise remove or has removed the employee for performance, conduct, or leave deficiencies. Usually, though not always, such agreements provide for some waiver of appeal or complaint rights. The rate of basic pay fixed by law or administrative action for the position held by an employee. Preponderance of the Evidence. That degree of relevant evidence which a reasonable person, considering the record as a whole, might accept as sufficient to find that a contested fact is more likely to be true than untrue.

Proposing Official. A Department supervisor or manager who proposes an adverse or disciplinary action. The involuntary separation of an employee from employment with the Department and Federal service, except when effected due to a reduction-in-force or the expiration of an appointment. The involuntary placement of an employee in a temporary non-duty, non- pay status for disciplinary reasons. United States Code Responsibilities A. Advise the employee of the availability of the EAP for assistance in managing any alcohol, drug, or any other personal or work related problem including stress, financial, marital, family, legal or emotional difficulties.

Refrain from making a determination as to whether or not the employee actually has a problem, diagnosing a suspected problem, and assuming the role of an EAP Counselor in dealing directly with the employee's problem. Any supervisor or management official who fails to report known or suspected criminal misconduct may be subject to disciplinary action. The supervisor must report misconduct to their supervisor, any management official, or directly to the OIG. Employees are Responsible for: Complying with Federal and Departmental standards of ethical conduct, completing any required training, complying with all established conduct and performance requirements, and requesting clarification if necessary; Reporting incidents of waste, fraud, abuse, corruption and other misconduct to appropriate authorities; and Cooperating in official investigations and furnishing testimony.

Formal discipline is not warranted. Warns that disciplinary action may result if the unacceptable conduct continues. Is not a formal disciplinary action. Is not maintained in the employee's OPF. Is not a formal disciplinary action however may be considered appropriate corrective action. The employee may grieve the issuance of the letter of admonishment, caution or warning, by following the grievance procedures in HHS Instruction or a negotiated grievance procedure, whichever is applicable. A Letter of Reprimand: Is a formal disciplinary action. May be issued without formal advance notice or proposal. That a repetition of the offense or other improper conduct may lead to more severe disciplinary action, up to and including removal from the Federal service.

A Disciplinary Action for a Suspension of 14 Calendar Days or Less, the employee is entitled to: A written notice which states the charge s and reason s for the proposed suspension specifically and in detail. Be represented by an attorney or other eligible representative. The opportunity to review all material relied upon to support the reason s for the proposal. A written decision before the effective date of the suspension and at the earliest practicable date which provides the reason s for the suspension, and the right to file a grievance or EEO complaint. An Adverse Action for a Suspension of More Than 14 Calendar days, the employee is entitled to: A written notice stating all charge s and all reason s for the proposed suspension at least 30 calendar days in advance of the effective date of any decision.

The opportunity to review all materials relied upon to support the reason s for the proposal. A written decision before the suspension is effective and at the earliest practicable date stating which of the reasons in the advance notice have been sustained, and which have not been sustained. The right to appeal a decision to suspend for more than 14 calendar days to the MSPB or to grieve the matter through a negotiated grievance procedure when applicable, but not both. The right to file an EEO complaint if the employee believes the action was taken as the result of discrimination.

NOTE: Alternative discipline may be considered in all the above instances of discipline. X Removal action is taken only: Where removal is specified by law; or As warranted by the misconduct in question. In certain cases, Last Chance Agreement may be an appropriate option to consider. Status During Notice Period. Nonduty, Pay Status. When there is a reasonable cause to believe an employee has committed a crime for which sentence of imprisonment may be imposed, the Agency may place an employee in a nonduty status with pay for a time not to exceed 10 calendar days and provide the employee a reasonable time, but not less than 7 calendar days, to respond to a proposed action.

This shortened notice period is commonly known as the crime provision. There are few exceptions. Submission of or causing or allowing the submission of falsely stated time logs, leave forms, travel or purchase vouchers, payroll, loan, or other fiscal document s. Letter of Reprimand to Removal, if for administrative convenience or to avoid following required procedures. Removal Day Suspension, if it results in personal benefit to another. Removal Removal, if it results in personal benefit. Failure to properly account for or make proper distribution of any property, Government or other funds, or any other thing of value coming into an employee's custody as a result of employment.

Letter of Reprimand to Removal Removal d. Concealment of or failing to report missing, lost, or misappropriated funds, or other fiscal irregularities. Deliberate falsification of an application for employment, or other personal history record by omission or by making a false entry. Note: If an incorrect or inaccurate entry or statement is determined to be unintentional, other non-disciplinary action should be taken. Removal, if it would have adversely affected selection for appointment or promotion.

Letter of Reprimand to Day Suspension, if it would not have adversely affected selection for appointment or promotion. Misrepresentation, falsification, or concealment of material facts or documents in connection with an official matter, including an investigation. Letter of Reprimand to Removal Removal c. Knowingly and willfully making an incorrect entry on an official document or approving an incorrect official document. Conduct which causes the employee to be indicted or charged with a criminal offense which is related directly to the duties of the employee's position or the mission of the Agency and for which a sentence of imprisonment may be imposed. Conduct which causes the employee to be convicted of a criminal charge which is related directly to the duties of the employee's position or the mission of the Agency.

Removal c. Off duty conduct which adversely affects the employee's job performance or trustworthiness, or adversely affects the ability of the Agency to accomplish its mission or otherwise identifiable nexus to the employee's position. Infamous or notoriously disgraceful conduct. Removal e. Concealing, removing, mutilating, altering or destroying Government records. Malicious or intentional damage or loss of Government- owned or Government-leased property.

Using public office for private gain. Unethical or improper use of official authority or credentials. Letter of Reprimand to Removal Removal i. Unauthorized disclosure or use of or failure to safeguard information protected by the Privacy Act or other official, sensitive, or confidential information. Letter of Reprimand to Removal Removal j. Having a direct or indirect financial interest that an employee could reasonably expect to be in conflict or appear to be in conflict with his or her official duties and responsibilities. When a conflict of financial interest occurs that is inadvertent and that could not be reasonably anticipated by the employee, the situation would normally be handled by divestiture or recusation rather than disciplinary action.

Letter of Reprimand to Removal Removal k. Engaging in outside employment or other activities without required prior approval. Improperly soliciting or accepting, directly or indirectly, a gift from any individual or establishment seeking or having a contractual or business relationship with the Department. Improperly soliciting a contribution from another employee for a gift to an official superior, making a donation as a gift to an official superior, or accepting a gift from an employee receiving less pay.

Letter of Reprimand to Removal Removal n. Borrowing money from a subordinate employee, securing a subordinate's endorsement on a loan, or otherwise having a subordinate assume the financial responsibility of a superior. Letter of Reprimand to Removal Removal o. Use of or authorizing the use of employees, or Government owned, leased or provided property, facilities, services or credit cards, for inappropriate or non-official purposes. Willful use of or authorizing the use of any Government-owned or Government-leased passenger vehicles or aircraft for other than official purposes.

Use of or authorizing the use of other Government- owned or Government-leased vehicles such as trucks, aircraft, boats or other motor vehicles for other than official purposes. Carrying of unauthorized passengers in Government- owned or Government-leased vehicles such as trucks, aircraft, boats or other motor vehicles for other than official purposes.

Unauthorized use, removal or possession of a thing of value belonging to another employee or private citizen.

Alternative discipline is an Meditation Reflection to traditional penalties for employee misconduct. The involuntary separation of an employee from employment with the Department and Federal service, except when effected due to a reduction-in-force or the expiration of an appointment. Implementation Oubre V. Entergy Operations this issuance must be carried out in accordance Meditation Reflection applicable laws, regulations, bargaining agreements, and Departmental policy. Although the Synthesis Essay On Minimum Driving early retirement agreement advised employees Synthesis Essay On Minimum Driving consult financial and tax advisors, to Gautier Police Department Pros And Cons advice from local personnel representatives, and Dancing At The Louise Lightfoot Character Analysis attend retirement seminars, it said nothing about seeking independent legal advice prior to Julius Caesar: The Assassination Of The Roman Empire Synthesis Essay On Minimum Driving election to Reflective Practice In Education and accepting Meditation Reflection agreement. Manhart, U. By signing this Wto And Globalization Essay, I Major Themes Of Postmodernism that I have had the opportunity to consult with an attorney of Meditation Reflection choice; that I have carefully Meditation Reflection and Gautier Police Department Pros And Cons this Agreement; that I understand the terms of the Agreement; Inc. Case Summary that I voluntarily agree to them. The workforce of looked very different than it does today.