Bass, Berry & Sims attorney Tim Garrett advocated for employers to check release language in the wake of recent EEOC challenges. Tim’s comment was part of the “Labor & Employment Digest: October 2014” article published by Inside Counsel on September 25, 2014. According to Tim …
“The EEOC has been challenging the legality of releases. Covenants not to sue, general release language that includes charges of any kind, and confidentiality clauses that obligate former employees to notify the company before sharing any information, have drawn the EEOC’s adverse attention. Employers should have their current releases reviewed by competent legal professionals to include carve-outs. Any covenant not to sue should include a carve-out that the covenant does not prevent the employee from filing a charge but include waiver of recovery from any investigation and a confidentiality clause should have a carve-out that the language does not prevent the employee from participating in an investigation.”