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750+ attorneys in 54 locations nationwide
Represents management exclusively in every aspect of employment, benefits, labor,
and immigration law and related litigation
Current caseload of over 6,500 litigations and approximately 415 class actions
Founding member of L&E Global
U.S. News & World Report’s 2014 Law Firm of the Year (Litigation – Labor &
Employment)
U.S. News & World Report’s 2015 Tier 1 Ranking in Employment Law –
Management; Labor Law – Management; Litigation – Labor & Employment
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Marlo Johnson Roebuck is a shareholder at Jackson Lewis. For over a decade, she
has represented employers on the full spectrum of laws governing the workplace,
including but not limited to Title VII, the Age Discrimination in Employment Act, and
the Americans with Disabilities Act.
Her representation includes employment advice and counseling as well as
employment litigation.
Ms. Roebuck is an information privacy professional, advising clients on the protection
of employee data and social media issues. The International Association of Privacy
Professionals (IAPP) has certified her as a Certified Information Privacy Professionals
(CIPP).
She is also a member of the Firm’s Corporate Diversity and Counseling practice
group and trains employers and human resource professionals on maintaining
compliance with EEO policies.
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Burgess & Sharp is a law firm specializing in Civil Rights and Labor & Employment
Law.
Heidi T. Sharp litigates on behalf of her clients in federal and state court, the U.S.
Equal Employment Opportunity Commission, the Michigan Department of Civil
Rights, and the Michigan Tax Tribunal.
In 2013 she developed and submitted discovery protocols to Macomb County
Business Court Judge John Foster for use by business court practitioners. In October
2013 the protocols were instituted in the business court and shared with other
business court judges throughout the Great Lakes for their use.
Ms. Sharp is the Labor & Employment Chair (2012-present) of the Macomb Bar
Association, and sits on the Michigan Association for Justice’s Labor & Employment
Committee.
Ms. Sharp is also corporate counsel of several local well-known businesses, and a
local union.
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Mediation?
Timing
Do your research, is there anything you can use in your
favor?
Any impediments to settlement
Settlement range/authority
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Mutual non-disparagement
Future participation in litigation
Compromising language is okay, agreement with the
situation is not
Goal is to get paid, will always want date by which check
is to be delivered and will not close the case until money
is paid in full
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Confidentiality; avoiding copycats
Non-disparagement
No rehire
Tax indemnification
Dismissal/closure
Concerns about the EEOC
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Refusal to close charge without copy of private
settlement agreement
If settle privately with CP and no right to sue is issued,
EEOC can continue to investigate, sue on behalf of CP,
and seek monetary relief
“Employee agrees that if such an administrative claim is
made, Employee shall not be entitled to recover any
individual monetary relief or other individual remedies.”
No general release; only release statutes raised
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No rehire—retaliatory on its face
“Employee shall not apply in the future for employment
with [Insert Company Name] because of, among other
things, irreconcilable differences with [Insert Company
Name].”
No confidentiality—want to report as monies it has
recovered for “victims” of discrimination
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The Impact of the Unemployment Insurance Integrity Act
and Michigan’s Revised Employment Security Act on
Settlement Agreements
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Claims Not Released. Employee is not waiving any rights he/she
may have to: (a) his/her own vested accrued employee benefits
under [Insert Company Name]’s health, welfare, or retirement
benefit plans as of the Separation Date; (b) benefits and/or the right
to seek benefits under applicable workers’ compensation and/or
unemployment compensation statutes; (c) pursue claims which by
law cannot be waived by signing this Agreement; (d) enforce this
Agreement; and/or (e) challenge the validity of this Agreement.
Employee further affirms that Employee has no known workplace
injuries or occupational diseases.
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Liquidated damages provisions
Cooperation
Breach
No legal requirement for W-9
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