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Weems v. Tyson Foods, Inc.

United States Court of Appeals for the Eighth Circuit
665 F.3d 958 (2011)


Retha Weems (plaintiff) was employed by Tyson Foods, Inc. (Tyson) (defendant). When Weems’s position was eliminated, she was informed that she was going to be put on a 30-day administrative leave to find a new position within the company, and if she did not do so, her employment would be terminated. Weems complained to a human-resources manager, Greg Nelson, that she was not being treated right and had been discriminated against based on her gender. At the time of the discussion, Weems was not considering legal action. Nelson did not follow up with Weems on her allegations, and he instead sent her a separation agreement giving her pay and benefits for about a month. Weems did not sign the agreement and instead sued Tyson for employment discrimination. At trial, the court admitted the separation agreement over Tyson’s objection. Tyson appealed, arguing that the separation agreement was inadmissible as a compromise offer under Federal Rule of Evidence (FRE) 408.

Rule of Law


Holding and Reasoning (Riley, C.J.)

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