Legal Question in Employment Law in California

I have recently been terminated from my position as an outpatient mental health therapist at a local community health center. I was offered a waiver of rights, titled a "General Release" wherein I would agree to waive rights of pursuing legal action against my former employer in exchange for one-half of a month's salary (one pay period), totaling $1,875.00, "minus applicable withholdings", which the General Release stated to be equivalent to four weeks of base salary.

My question is, my four-week (two pay periods) salary is approx. $3,200 after taxes. Do I have a reason to re-negotiate the terms of this waiver with my former employer due to this difference, and is my ability to collect Unemployment Insurance contingent on signing this release, or is the settlement sum in addition to UI benefits? There are also other ethical issues at play as a result of my profession (Marriage and Family Therapy) that I am concerned would be waived were I to sign the release.


Asked on 1/15/16, 8:50 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

1. Signing the release will not affect your UI eligibility, if you are otherwise qualified.

2. Negotiating a higher severance is always a good idea. You have nothing to lose. There are various ways to negotiate a severance depending on the circumstances of your separation. You should consult a reputable employment attorney in your area regarding this.

3. My guess is that by "ethical" issues you are concerned that you are waiving your patients' confidentiality. If so, unless it's explicitly stated in the agreement (highly unlikely) you will not be waiving any such privileges.

Thanks,

Arkady Itkin

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Answered on 1/15/16, 10:06 pm
Charles Perry Law Offices of Charles R. Perry

You in fact have no obligation to sign the release at all. You are certainly within your rights to negotiate a higher amount of money.

If you think you have any possiblity of any sort of claim against your former employer, you may want to speak with an employee-side employment attorney for advice.

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Answered on 1/16/16, 2:25 am


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