When negotiating a settlement agreement, it is often a dangerous proposition to schedule a date for the prospective or current plaintiff’s employment to end beyond the date of the agreement. A disgruntled employee who knows that his or her employment will soon be ending could create a litany of legal and procedural problems for his soon to be former employer.
An illustration of problems that could be created is contained in an October U.S. District Court for the Eastern District of Pennsylvania opinion in Mozdzierz v. Accenture LLP , in which an employee receiving long-term disability benefits settled a claim under the Americans with Disabilities Act, but continued to be employed after his claim was resolved. Even though he was permanently out of the workplace, when Accenture changed its policy regarding the status of employees on disability, plaintiff Steven Mozdzierz brought the suit, claiming that he was discriminated against and had been subject to retaliation because he was not permitted to benefit from the change.
