Merely offering severance package doesn't constitute admission of employer wrongdoing.

It's often tempting to offer a severance package in exchange for the promise not to sue over alleged discrimination. But some workers may see that offer as an admission of sorts that the employer believes it needs to pre-emptively cut liability.

As long as the offer is consistent with a company's usual practice, there's little chance that argument will succeed.

Recent case: Akin, who is black and was born in Nigeria, took a job for Overhead Door in Williamsport, where he was in charge of improving an under-performing factory. After a short time, management grew disenchanted with Akin's work. He was placed on a performance improvement plan.

When nothing changed, the company offered Akin severance pay in exchange for his resignation.

He rejected the offer, so Overhead Door fired him.

Akin sued, alleging race and national origin discrimination.

He tried to argue that the mere fact he had been...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT