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750+ attorneys in 54 locations nationwide Represents management exclusively in every aspect of employment, benefits, labor, and immigration law and related litigation Current caseload of over 6,500 litigations and approximately 415 class actions Founding member of L&E Global U.S. News & World Report’s 2014 Law Firm of the Year (Litigation – Labor & Employment) U.S. News & World Report’s 2015 Tier 1 Ranking in Employment Law – Management; Labor Law – Management; Litigation – Labor & Employment 2

Marlo Johnson Roebuck is a shareholder at Jackson Lewis. For over a decade, she has represented employers on the full spectrum of laws governing the workplace, including but not limited to Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Her representation includes employment advice and counseling as well as employment litigation. Ms. Roebuck is an information privacy professional, advising clients on the protection of employee data and social media issues. The International Association of Privacy Professionals (IAPP) has certified her as a Certified Information Privacy Professionals (CIPP). She is also a member of the Firm’s Corporate Diversity and Counseling practice group and trains employers and human resource professionals on maintaining compliance with EEO policies. 3

Burgess & Sharp is a law firm specializing in Civil Rights and Labor & Employment Law. Heidi T. Sharp litigates on behalf of her clients in federal and state court, the U.S. Equal Employment Opportunity Commission, the Michigan Department of Civil Rights, and the Michigan Tax Tribunal. In 2013 she developed and submitted discovery protocols to Macomb County Business Court Judge John Foster for use by business court practitioners. In October 2013 the protocols were instituted in the business court and shared with other business court judges throughout the Great Lakes for their use. Ms. Sharp is the Labor & Employment Chair (2012-present) of the Macomb Bar Association, and sits on the Michigan Association for Justice’s Labor & Employment Committee. Ms. Sharp is also corporate counsel of several local well-known businesses, and a local union. 4

Mediation? Timing Do your research, is there anything you can use in your favor? Any impediments to settlement Settlement range/authority 5

Mutual non-disparagement Future participation in litigation Compromising language is okay, agreement with the situation is not Goal is to get paid, will always want date by which check is to be delivered and will not close the case until money is paid in full 6

Confidentiality; avoiding copycats Non-disparagement No rehire Tax indemnification Dismissal/closure Concerns about the EEOC 7

Refusal to close charge without copy of private settlement agreement If settle privately with CP and no right to sue is issued, EEOC can continue to investigate, sue on behalf of CP, and seek monetary relief “Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies.” No general release; only release statutes raised 8

No rehire—retaliatory on its face “Employee shall not apply in the future for employment with [Insert Company Name] because of, among other things, irreconcilable differences with [Insert Company Name].” No confidentiality—want to report as monies it has recovered for “victims” of discrimination 9

The Impact of the Unemployment Insurance Integrity Act and Michigan’s Revised Employment Security Act on Settlement Agreements 10

Claims Not Released. Employee is not waiving any rights he/she may have to: (a) his/her own vested accrued employee benefits under [Insert Company Name]’s health, welfare, or retirement benefit plans as of the Separation Date; (b) benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; (c) pursue claims which by law cannot be waived by signing this Agreement; (d) enforce this Agreement; and/or (e) challenge the validity of this Agreement. Employee further affirms that Employee has no known workplace injuries or occupational diseases. 11

Liquidated damages provisions Cooperation Breach No legal requirement for W-9 12

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