Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

tender back rule

Read a random definition: withdrawal of a corporation

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 7 👎
Help us make LSD better!
Tell us what's important to you
I imagine if you interned in the white house and your essay was "my dad got me a job in the white house, it was cool" you will lose out to someone who worked in an elementary school in a low income neighborhoood and writes a killer essay about their experience
even though the white house soft is of a higher tier
its what you do with it
starfishies
15:15
i def believe this tho dunno how true it is
starfishies
15:16
i worked blue collar jobs my summers during college and i feel like adm. eat that one essay up
starfishies
15:17
something i like from 1L of a ride is a section focused on who's advice to take and be weary of and the author said something like the least qualified are often the loudest advice givers
starfishies
15:17
so be weary law school forum goers
ronniedoeslaw
15:23
Reading is a form of meditation
15:24
omg im training a new girl tmw to take over my position and she twenny year old
15:25
when i was twenty i was drunk every night!! im nervous who else
NosyBeagle
15:31
real. I am mostly sober now. what a world
15:32
awe congrats i wish i could be sober maybe after law school
@bigfatsloth: Where are you going to attend?
15:44
wake forest unless notre dame accept me last second and offer a kabillion dollars
15:57
Whelp, my second full practice test is through
im mostly sober too
16:06
im ready to cook senior year and then hopefully move to Malibu :)
16:09
slay
16:11
yo yall bouttta miss the washu zoom
NosyBeagle
16:35
im not applying there. yall have fun
Mostlylegal
16:40
dude we getting litty in the washu zoom
Mostlylegal
16:40
thats where all the baddies hangout
Mostlylegal
16:40
just did coke off this one girls tits at the washu zoom, i cant believe people didnt sign up for this shit LMAO
did you hook up with the girl at your gulc interview
Mostlylegal
16:43
bruh I dont do hookups
Mostlylegal
16:43
but thanks for remembering
oh but coke is okay
Mostlylegal
16:56
it is not what goes into the mouth that defiles the man but what comes out of it.
Mostlylegal
16:56
can I get an amen?
NosyBeagle
17:01
AMEN
LSD+ is ad-free, with DMs, discounts, case briefs & more.