Jena appealed to the Sixth Circuit Court of Appeals. The Sixth Circuit agreed with Jena and stated that „a claimant is not required to return consideration received under a termination agreement before asserting claims for violation of Title VII or the EPA.” Midwest argued that the „Tender Back” is intended to make contracts work in the form of market players. If a party resigned from a contract, it would have to return the benefit granted to them by the terms of the contract. Workers may benefit from signing a termination agreement because they receive things from the employer that they would not otherwise receive, usually in the form of compensation. Not all termination agreements are negotiable, but it is rare to ask. Remember, there`s a reason your employer asks you to sign a severance agreement: you have something your employer wants. At least try to negotiate to get the best out of what you get in exchange for what you give up. Call a lawyer immediately before signing an employment contract or termination agreement. If employers offer different contracts to their employees, it is not because the employer is concerned about the respect of the legal rights of its workers.
The employer is looking for what is best for his business. Too often, our laid-off employees see a board coming and they signed some of their rights because at the time they „thought the company was a good company.” Seek legal advice at an early stage.. . . .