In Moore v. Coca-Cola Bottling Company Consolidated (6th Cir., No. 23-3775, 08/22/2024), the plaintiff Moore signed a Second Chance Agreement (SCA) after a positive drug test. Later, due to an insubordination charge, he signed a Last Chance Agreement (LCA) which stated that he released the employer from any and all liability relating to his employment. After he was subsequently terminated for failing yet another drug test, Moore sued for racial discrimination and retaliation. The trial court ruled that he had waived his right to bring any pre-LCA claims. The Sixth Circuit reversed on the ground that Moore raised a question of fact as to whether his waiver in the LCA was voluntary. The court noted the meeting in which he signed the LCA lasted ten minutes, and although he was a college graduate, the court held he did not have the education and experience that was relevant to his ability to comprehend the terms of this type of agreement. The court also held reasonable jurors could find that Moore’s union representative’s statements indicated that Moore’s discrimination claims would survive his signing the LCA and that they influenced Moore’s signing the agreement.
Employee’s Title VII Claims Survive “Last Chance Agreement”
