Legal Question in Discrimination Law in California
Severance agreement signed
Is there any case when a signed severance agreement can be null and void or not binding? My mother was terminated after 32 years of dedicated service. This was done while she was on medical leave for some significant vision loss due to glaucoma. Her new supervisior of 6 months stated it was ''performance based'' which is a total fabrication. There was never any mention of any performance issues prior to this termination. My mother was dedicated and her work was superior. In a recent unexpected phone call with the main chairperson at her job, it was mentioned to me that they thought it was time she move on and retire due to her eyesight. There are other instances of retaliation by the new suprvsr who had motive to get my mother terminated and did so when she was on leave. My mom already signed the waiver from lawsuits in her severance agreement but did so after she suffered a major anxiety attack, was depressed and stressed from job loss and needed $ for medical ins, bills etc. A lawyer told her she could do nothing to her employer and that she did not have as strong case, even with lots of documentation of wrongdoing. Said her employer was not obligated to follow their own policies. SO she signed under stress and diress.
3 Answers from Attorneys
Re: Severance agreement signed
If you're asking if she can go back on her word and disregard the agreement she signed, the answer is 'probably not', unless they held a gun to her head, held a relative hostage, or she was legally incompetent at the time. Contracts are binding, that's what makes them valuable in settling disputes 'permanently'. If she didn't agree with the terms, she shouldn't have signed. Her financial need, or anxiety and stress, is NOT 'duress' or an escape mechanism when she changes her mind.
IF, IF, she had a valid discrimination claim at the time, she waived it by signing and taking the money, as long as discrimination was mentioned as a claim being released. The only way she 'might' have any remaining claim would be if the agreement did not specifically provide for release of 'age' claims [unlikely with counsel preparing the agreement]. Check the agreement; it no doubt provides specifically for release of discrimination and age claims upon signature.
Besides that, without a written employment agreement or union contract she was an 'at will' employee in CA that can be fired any time for any reason, subject only to the discrimination laws. 'Unfair' treatment is NOT illegal, nor is 'wrongdoing' the basis of an employment lawsuit usually. Nobody said life is fair.
You're obviously looking for an answer that you like, ignoring at least one other attorney already telling you probably the same thing.
Re: Severance agreement signed
She may have a Work Comp Case, it maybe complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: Severance agreement signed
If her own lawyer reviewed the severance agreement before she signed it, who are we to second guess the lawyer she consulted. If she signed without first consulting a lawyer, too bad.
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