dijous, 17 de març del 2016

Appeals court upholds Abbott’s win in ex-employee’s retaliation suit

AbbottA federal appeals court yesterday upheld a lower court’s ruling on the validity of a hand-written agreement between a former employee who brought discrimination and retaliation charges against Abbott (NYSE:ABT).

Martina Beverly sued Abbott in April 2012, alleging that she was fired in retaliation for reporting her managers for allegedly harassing her and discriminating against her for her German nationality.

The sides inked out the hand-written deal to settle the case for $210,000 and mediation costs, according to court documents, but when Beverly balked at executing a more formal proposal Abbott moved to enforce the original, hand-written deal.

In December 2014, the U.S. District Court for Northern Illinois found that the original deal was a binding settlement agreement. Beverly appealed to the U.S. Court of Appeals for the 7th Circuit, arguing that Abbott intended to be subject only to the type-written settlement and that the hand-written note left out some terms of the deal.

“However, we find that the handwritten agreement was valid and enforceable, since the agreement’s material terms were clearly conveyed and consented to by both parties, and the existence and content of the draft proposal do not affect enforceability. Therefore, we affirm the district court’s grant of Abbott’s motion to enforce,” wrote Judge Ann Clair Williams of the 7th Circuit, according to court documents.

The post Appeals court upholds Abbott’s win in ex-employee’s retaliation suit appeared first on MassDevice.



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