implementing settlement agreements · 4/2/2018 · 4/2/2018 implementing settlement agreements 15....

Implementing Settlement

Agreements

Julie A. MurphyDirector

Workforce Relations DivisionOffice of Human Resources

Learning Outcomes

4/2/2018 Employee Relations 101 2

You will:

Understand the basics of a settlement agreement

Learn and understand key concepts of a settlement

Know the steps to implement a settlement agreement

Settlement AgreementBasics

4/2/2018 Implementing Settlement Agreements 3

Settlement Agreement BasicsDOCUMENTS:

• Consideration• Four Corners• Say What you Mean and Mean What You Say• Meeting of the Minds• Keep it Legal!

ENGAGEMENT/INTERACTIONS:• Good faith


Consideration?• Is the benefit that a party obtains by entering into the settlement

agreement

• Examples:• Withdrawal of claim;• Waiving rights to file other claims;• Financial compensation, including payment of attorney’s fees;• Rescission of documents/actions;• Restoration of a benefit such as, leave


Say What you Mean and Mean What You Say• Use plain language• Make sure words do not have multiple

meanings/interpretations• Define any term that could mean more than one thing• Avoid terms of art or use them appropriately


Implementing a Settlement Agreement


Critical Roles• Settlement Compliance Officer: Person who is responsible for

ensuring implementation of settlement agreementIf your organization does not have a designated Settlement Compliance Officer, suggest you create one

• Typically an ER Specialist

• Point of Contact: Person with ability to effectuate an action, such as an HR Specialist or Assistant, when correcting an eOPF or restoring leave


REMEMBER…

• Required actions can change from agreement to agreement

• Timeframes vary from action to action and from agreement to agreement

Do NOT take anything for granted


Steps for Settlement Compliance OfficerWithin 1 work day of receipt: Review the applicable section(s)

If necessary, ask attorney or ER Specialist for clarification on any item

Highlight actions required Focus on words: Initiate vs. Completed

Identify and note/highlight timeframes CRITICAL: Clarify calendar or work days

Identify and note appropriate POC (with name and contact information) for each action


Within 2 work days of receipt: Verbally contact appropriate POC(s) Inform them of required action Ask what information, assistance, or process, is needed to initiate and complete

action Find out estimated time frame for completion of action Identify what documentation will be generated as a result of the completed action

Obtain any additional information or documents necessary to effectuate action

DON’T FORGET TO KEEP TRACK OF YOUR ACTIONS & INTERACTIONS


Steps for Settlement Compliance Officer (cont.)

Within 3 work days of receipt: Initiate action(s), as early as possible, in writing or by email, and include: Agency has a settlement agreement with _______that requires implementation Itemize the actions required to be perform (ONLY those that the POC has authority to

perform) Identify a deadline date for the action to occur, if possible (not unreasonable, suggest making

this a few days in advance of deadline in settlement agreement) Require follow-up communication and written documentation to support completion of

action – this can be a copy of the SF-52/50, screen shot, or may be just an email from the POC Follow up with POC to ensure receipt of written communication Inform Agency attorney of actions and provide copy of email or written

communicationDON’T FORGET TO KEEP TRACK OF YOUR

ACTIONS & INTERACTIONS



Within 5 work days of receipt: Follow up with POC to ensure written communication was received and that no further action is

required on your part Confirm that POC will notify you in writing and/or with a copy of completed document(s) when the

action is completed

Within 7 work days of receipt: Check in with POC to ensure activity is on track

If not, ask questions to find out why, what can be done and new target date If new target date is beyond settlement agreement time frame, notify agency attorney

IMMEDIATELY, in writing




Within 1 work day after expected completion of action::

Check in with POC to ensure activity was timely completed

If so, ask for appropriate written documents confirming completion of action Send written documents to Agency attorney upon receipt from POC

If not, ask questions to find out why, what can be done and new target date If new target date is beyond settlement agreement time frame, notify Agency

attorney IMMEDIATELY, in writing




Point of Contact Responsibilities• You are the Subject Matter Expert and responsible for executing the

assigned settlement activity

• Possible settlement activities:• Effecting a corrected action within the eOPF• Removing a corrected action within the eOPF• Calculating Back Pay• Coordinating with ASA/OHR/Customer Care for DFAS related activities• Restoring leave• Timely processing retirement or other HR paperwork


1. Ensure you understand ALL of the activities you are responsible for including, any extra requirements such as, comments for the remark section on an SF-50

2. Identify the proper process and timeframes for the activity• If you are required to coordinate with others, then ensure this information is

shared with the Settlement Compliance Officer and that you know any timeframes



Point of Contact Responsibilities (cont.)

Provide the Settlement Compliance Officer with:• An overview of the process;• Required information necessary to initiate/complete the action;• Anticipated completion date; and • What written documentation will be available to support completed

activity




Within 1 work day of receipt of notice: Initiate action and document steps

Within 1 work day of completion of action: Notify Settlement Compliance Officer in writing and provide supporting

documents

If at any time, you are concerned that the action will not be completed in a timely manner, contact the

Settlement Compliance Officer immediately



Underlying premise – Records must look as if no settlement occurred Corrected actions and settlement agreement documents MUST be

removed from the eOPF as part of compliance activity Final SF-52/50 must be coded as if no settlement occurred

NOA, Legal Authority, &/or Remarks for corrected actions: Cite settlement

Final SF-52/50 must be coded as if no settlement occurred Corrected actions & settlement agreement documents MUST

be kept – hard copy


Tips for the POC

Questions


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Contact InformationJulie A. MurphyDirectorWorkforce Relations DivisionOffice of Human ResourcesAssistant Secretary for Administration

(202) [email protected]


implementing settlement agreements · 4/2/2018 · 4/2/2018 implementing settlement agreements 15....

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