Ask The Lawyer

By Debra Roth

Q & A Session – Breach of Settlement Agreement

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I filed an EEO claim against my agency based on retaliation after the agency abolished/reassigned my position. The agency and I mediated, and both parties then signed a “settlement agreement” that would return me to my prior position before the EEO claim.

The day after I was supposed to return to my prior position, the agency wanted to revise the agreement. I stated that I would agree to their revisions if they agreed not to abolish/reassign my position again, unless the abolishment/reassignment happened in at least two other (33%) Regional Offices. The agency would not agree to this request and sent me an email advising me the agency no longer has an agreement with me. It is clearly stated in the settlement agreement that, in the event either party breaches this agreement, the other party may file proceedings to enforce this agreement.

Is the agency in breach of the agreement, and can I hold them accountable to the letter of the law?

A:

Whether the agreement is violated cannot be answered here. If you believe it is, you have a process for bringing to the attention of an office in your agency that will assess your claim. An unfavorable decision may be appealed to the EEOC.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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Comments

  1. Bill Says:
    February 22nd, 2013 at 4:03 pm

    Have you heard about (Holmes vs US 2010-5119) here are some link’s for September 12,2011.
    http://caselaw.findlaw.com/us-federal-circuit/1579843.html

    http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1663&context=aulr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Fsearch%3Fq%3Dholmes%2Bvs%2Bus%2B2010-5119%26hl%3Den%26rls%3Dcom.microsoft%3Aen-US%26prmd%3Divnsfd%26ei%3D-9snUda_MOWA0AHU-IH4BA%26start%3D10%26sa%3DN#search=%22holmes%20vs%20us%202010-5119%22

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