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Simple English definitions for legal terms

tender back rule

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A quick definition of tender back rule:

The tender-back rule is a legal rule that applies to agreements between employers and employees. If an employee accepts a severance package or other benefits from their employer in exchange for waiving their right to sue the employer, the employee must return those benefits if they decide to sue. This rule is meant to prevent employees from taking the benefits and then trying to get more money through a lawsuit. However, there are some types of claims, like those related to discrimination, where the rule does not apply.

A more thorough explanation:

The tender-back rule is a legal principle that applies to waiver or release agreements in an employment context. It requires an employee to return any consideration received from an employer if they wish to litigate any issue that was supposedly waived.

An employer offers a severance package to an employee with an agreement stating that acceptance of the package waives all of the employee's rights to future claims against the employer. If the employee decides to sue the employer for a claim that was supposedly waived, they must return the severance amount received before commencing the lawsuit.

The tender-back rule is commonly used as a defense by employers to prevent employees from taking the benefit of the agreement and then pursuing additional compensation through litigation. The rule imposes an obligation on potential plaintiffs to return any consideration received before commencing any claim or counterclaim.

However, the tender-back rule does not apply to all claims. For example, claims brought under the Equal Pay Act (EPA), Title VII, and Age Discrimination in Employment Act (ADEA) do not trigger the tender-back rule, and plaintiffs asserting violations of these acts do not have to return any consideration to commence litigation.

In summary, the tender-back rule requires an employee to return any consideration received from an employer if they wish to litigate any issue that was supposedly waived.

tender | tender offer

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2016 pushed the conservative party into populism irreversibly
Dkk
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@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
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Indeed!
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MIAMI A
[] AromaticTroubledDormouse
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[] AromaticTroubledDormouse
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CONGRATS MACAQUE!
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ALSO CONGRATS!
Congrats1!
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Miami A, yall I'm so excited I could cry.
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[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
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Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
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That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
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0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
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NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
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