Legal Question in Employment Law in California

I signed a separation agreement with a company that terminated me. The agreement basically states that I can not sue them for any reason if I accept the severance (it was a couple grand)

My state is California.

My current employer was just bought out by previous employer! My previous employer is trying to get rid of me, isolates me and has asked me to resign. My previous employer tells me �you signed an agreement so you can�t sue�

My question is: didn�t I fulfill the separation agreement? I did not return to my previous employer-they purchased my current employer and that was totally out of my control.

Thanks


Asked on 2/18/12, 3:58 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I cannot offer an opinion without reading the agreement or knowing all the circumstances.

However, generally, while an release may extend to all potential claims that may have existed up to the time of the signing of the release, it does not release an employer from any unlawful conduct after the release is signed.

Depending on what it may have done or will do after you signed the severance agreement its actions should not be protected if those actions violate your legal rights.

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Answered on 2/18/12, 5:13 pm
Terry A. Nelson Nelson & Lawless

Your agreement was for past conduct at a past company. It does not, and can not, cover conduct after its signing. You are now alleging new conduct at a new company, regardless that they were taken over by the old company.

However, that doesn't mean you have grounds for a lawsuit. Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, but in general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, UNLESS it is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the various discrimination statutes. You said nothing about such illegal conduct being a substantial factor. If it was, then feel free to contact me.

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Answered on 2/20/12, 12:57 pm


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