When a federal agency contractually agrees to provide an employee with a clean record, that precludes the agency's disclosure of contrary information. An employee or former employee need not show actual harm to establish that the agency's disclosure constituted a material breach. Doe v. Dept. of the Army, #CH-0752-08-0412-C-1, 2011 MSPB 45.
    Although an employer has agreed to expunge a disciplinary matter from an official personnel file, it may retain documents in a separate litigation file. An agency "is entitled to maintain a separate litigation file containing documents that were expunged from [an] official personnel file so that ... the agency can respond to subsequent claims regarding its compliance with the settlement agreement." Perrine v. Dept. of Veterans Affairs, #2010-3103, 2010 U.S. App. Lexis 20603 (Fed. Cir.).
     Ninth Circuit affirms dismissal of a suit filed by a rejected police applicant that failed a psychological evaluation that cited her stubborn nature and impulsivity. The appellate panel enforced a pre-employment waiver of legal rights "for any acts, or omissions in the course of the investigation into background, employment history, health, family, personal habits and suitability for employment ..." The waiver was not effective against another claim that she was rejected because she had filed an EEOC complaint against a neighboring city. Nilsson v. City of Mesa, #05-15627, 503 F.3d 947, 2007 U.S. App. Lexis 21912, 101 FEP Cases (BNA) 901, 19 AD Cases 1418 (9th Cir.).
     Federal appeals court rejects a claim that a settlement agreement was unenforceable. Independent counsel represented the employees and a settlement agreement is presumed to be knowing and voluntary. The agreement required the city to revise hiring and promotional policies and to implement diversity training. Baptist v. City of Kankakee, #05-4034, 2007 U.S. App. Lexis 6295 (7th Cir.).
     Federal appeals court declines to set aside a settlement agreement involving a Smithsonian police supervisor and the government. Even if an employee is induced to settle on the bad advice of his or her personal attorney and even if his or her employer did not explain the scope of the release, those allegations are insufficient to show that a settlement agreement was involuntary. The employee agreed that he had read the settlement agreement and understood its terms. Devera v. Smithsonian, #20 06-3354, 2007 U.S. App. Lexis 3142 (Fed. Cir. 2007).
     Eighth Circuit affirms the dismissal of an ADEA lawsuit where the plaintiff had signed a valid waiver of any age discrimination claims, under 29 U.S. Code §626(f). Parsons v. Pioneer Seed Hi-Bred Intl., #05-3496, 447 F.3d 1102, 2006 U.S. App. Lexis 12245 (8th Cir. 2006). The court distinguished a prior case where the waiver was defective because it contained a "covenant not to sue" clause, and used that term interchangeably with "release." Thomforde v. IBM, #04-1538, 406 F.3d 500 (8th Cir. 2005). {N/R}
     Appeals court declines to enforce a release and waiver of rights under the ADEA because the wording was unclear and the employer declined to explain what it meant. Thomforde v. IBM, # 04-1538, 406 F.3d 500, 2005 U.S. App. Lexis 7592, 95 FEP Cases (BNA) 1145 (8th Cir. 2005). [2005 FP Aug]
     State was not obliged to pay an agreed settlement for sexual harassment claims when the plaintiff failed to disclose that she had filed a second lawsuit, alleging similar actions, while negotiating the settlement. Chavez v. State of New Mexico, #02-2224, 397 F.3d 826, 2005 U.S. App. Lexis 1656 (10th Cir. 2005). {N/R}
     Federal appeals court rules that a party suing for statutory and constitutional violations is barred from recovery if he has settled and signed a release of all claims. If the release is obtained by fraud, he must return the money tendered promptly or he is deemed to have ratified the settlement. Brown v. City of South Burlington, #03-9060, 2004 U.S. App. Lexis 27060 (2nd Cir. 2004). {N/R}
     Federal appeals court dismisses a disability discrimination action brought by the EEOC, because the employee had settled his injury claim with the employer, releasing "any and all cases in any and all forms or forums at any stage of appeal or processing." Nicklin v. Henderson, #02-5183, 2003 U.S. App. Lexis 25738, 2003 FED App. 0450P (6th Cir.). {N/R}
     Appeals court rejects a defamation claim by a worker who was fired after a background investigation revealed possible criminal conduct. The signed release barred any lawsuit, even if the firm that oversaw the investigation did not have a state license to conduct investigations. McCleskey v. Vericon Resources, #A03A1066, 2003 Ga. App. Lexis 1376, 20 IER Cases (BNA) 1065 (2003). [2004 FP Feb]
     Federal appeals court sets aside a $135,000 punitive damages award for sexual harassment, won by a Community Policing secretary. She had previously accepted $21,300 when she signed a "general release of all claims asserted or unasserted." Bandera v. City of Quincy, #02-2307, 344 F.3d 47, 92 FEP Cases (BNA) 1014, 2003 U.S. App. Lexis 18933 (1st Cir. 2003). {N/R}
     Federal appeals court rejects the whistleblower claims of former employees who signed a release of claims "arising out of my employment at, or termination of employment." Thomas v. U.P.R.R., #01-2631, 2002 U.S. App. Lexis 21995 (8th Cir. 2002). [2003 FP Jan]
     Federal appeals court upholds a release signed by a deputy police chief, which barred his bringing an age discrimination lawsuit. The jury had found that although he may have misunderstood the legal effect of the document, which he signed without consulting an attorney, it was enforceable, and the court found he was not entitled to judicial relief. Shaw v. City of Sacramento, #99-16859, 250 F.3d 1289, 2001 U.S. App. Lexis 8721, 86 FEP Cases (BNA) 184 (9th Cir. 2001). {N/R}
     Eighth Circuit holds that a public employer had the right to require an employee, who was claiming emotional distress, to provide the employer with medical records releases. Schoffstall v. Henderson, #99-4192, 223 F.3d 818, 2000 U.S. App. Lexis 20936 (8th Cir. 2000). {N/R}
     Michigan Employment Relations Cmsn. annuls a management requirement that police officers must sign a liability release form when they submit to an involuntary psychological examination. Oak Park (City of) and P.O.A. of Mich., 1997 MPER Lexis 12 (Mich.Emp.Rel.Cmsn.). [1998 FP 11]
     Written release signed by plaintiff in exchange for $8,000 in severance benefits bars his employment discrimination action. A release extinguishes any obligation unless "obtained by fraud, deception, misrepresentation, duress, or undue influence." Skrbina v. Fleming, 45 Cal.App.4th 1353, 53 Cal.Rptr.2d 481, 1996 Cal.App. Lexis 517. {N/R}
     Illinois appellate court upholds a "waiver of liability" for a dangerous activity in which the plaintiff requested to participate. Waivers prevent suits for those types of injuries that are generally contemplated by the parties in light of anticipated risks. Waivers will be enforced by the courts, in the absence of fraud, willful/wanton conduct, illegality, contrary public policy, disparity in the bargaining position of the parties or an impediment within the social relationship of the parties. Masciola v. Chicago Metro. Ski Council, 628 N.E.2d 1067, 257 Ill.App.3d 313 (1993). {N/R}
     Firefighter applicant who was injured while taking a preemployment agility test could recover against the municipality for any negligence. A "release of all liabilities" form was unenforceable and against public policy. White v. Vil. of Homewood, 628 N.E.2d 616 (Ill.App. 1993). {N/R}
     Former ex-police officer awarded $1 million for allegedly false and defamatory ratings and opinions given to a prospective employer by the chief. Appellate court reverses because the plaintiff signed an unconditional release when she applied for the second position. Smith v. Holley, 827 S.W.2d 433 (Tex.App. 1992). [1992 FP 166-7]
     See also: Resignations.