Legal Opinion
Kristoferson v. Otis Spunkmeyer, Inc.
District Court, S.D. New York
Decided June 3, 1997No. 96 Civil 2521 (JSR)PublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
RAKOFF, District Judge.
A terminated employee does not always go quietly. With increasing frequency, a former employee is apt to sue, alleging that the termination resulted from the employer’s unlawful discrimination. Attempting to forestall such a lawsuit, an employer may offer additional termination benefits in return for a signed release from liability; but the circumstances under which the release is obtained may render it potentially voidable.
The question presented on the instant motion is whether, in such circumstances, the former employee must tender back to the…
2Cases cited17 opinions
- Carson v. American Brands, Inc.Supreme Court of the United States · 1981
- Eugene Pierce v. The Atchison, Topeka and Santa Fe Railway Co., D/B/A Santa Fe Railroad Co., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1995
- Richard Runyan v. National Cash Register Corp.Court of Appeals for the Sixth Circuit · 1986
- Coventry v. United States Steel Corp.Court of Appeals for the Third Circuit · 1988
- Beatrice Fleming v. United States Postal Service Amf O'Hare and Marvin Runyon, Postmaster General, United States Postal ServiceCourt of Appeals for the Seventh Circuit · 1994
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Martens v. Smith Barney, Inc.District Court, S.D. New York · 1998
- Mandavia v. Columbia UniversityDistrict Court, S.D. New York · 2012
- Livingston v. Bev-Pak, Inc.District Court, N.D. New York · 2000
- Rangel v. El Paso Natural Gas Co.District Court, D. New Mexico · 1998
- Tung v. Texaco Inc.District Court, S.D. New York · 1997
1 more not listed; retrieve them via the Exa API.