Jacobs v. New York Financial Center Hotel
United States District Court for the Southern District of New York
1997 WL 375737 (1997)
- Written by Miller Jozwiak, JD
Facts
An employee (plaintiff) and the New York Financial Center Hotel (hotel) (defendant) entered into a mediation session. The mediation’s purpose was to resolve the employee’s claim of age discrimination filed with the Equal Employment Opportunity Commission (EEOC). After five hours, the parties reached an agreement. The hotel would pay the employee $65,000 and give him a letter of recommendation in exchange for his withdrawal of the EEOC complaint. But several days after the mediation, the employee’s attorney called the hotel’s attorney and said that the employee was rejecting the agreement. The employee wanted more money. After the parties attempted to reach a new agreement and failed, the employee sued the hotel. The hotel responded by moving to dismiss the complaint on the grounds that the parties had reached a settlement agreement and that the employee had had months before the mediation session to consider the settlement. The employee argued that his waiver of an Age Discrimination in Employment Act (ADEA) claim was not valid because it was not knowing and voluntary under the Older Workers Benefit Protection Act (OWBPA).
Rule of Law
Issue
Holding and Reasoning (Stanton, J.)
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