As a plaintiff in a EEO complaint, is it beneficial to have a breach clause in a settlement agreement?
Yes. It is important to understand that a breach refers to a refusal or failure to fulfill an obligation imposed by an agreement also referred to as a stipulation of settlement. Whether the agreement happens at the administrative level (prior to filing in court) or at the court level,it is expected that agencies will honor agreements with plaintiffs (i.e, employees). Notwithstanding the expectation, agencies have been known to breach settlement agreements. In such cases, you should outline what your recourse can be and where the dispute is to be handled, such as District Court, arbitration, EEOC, MSPB, in case a breach occurs. See narrative about an agency breach.
