FARIS v. WILLIAMS WPC-I, INC.

No. 02-50446.

332 F.3d 316 (2003)

Carol FARIS, Plaintiff-Appellee, v. WILLIAMS WPC-I, INC., et al., Defendants, Nextira LLC, Also Known as Williams Communications Solutions LLC; Susan Baird, In Her Individual Capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 27, 2003.


Attorney(s) appearing for the Case

Mark Anthony Sanchez (argued), Christopher J. Gale, Gale, Wilson & Sanchez, San Antonio, TX, for Plaintiff-Appellee.

J. Tullos Wells, Julia M. Gonzalez Rendon (argued), Bracewell & Patterson, San Antonio, TX, for Defendants-Appellants.

Before GARWOOD, SMITH and BARKSDALE, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Nextira LLC ("Nextira") and Susan Baird appeal a determination that a post-termination release signed by Carol Faris was unenforceable under 29 C.F.R. § 825.220(d), a regulation issued pursuant to the Family and Medical Leave Act of 1993 ("FMLA"). Concluding that enforcement of the release is not prohibited by the regulation, and that the release was ratified by Faris's failure to tender back the consideration paid for the signing...

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