Legal Question in Employment Law in California

Signing Separation and Release Agreement before DOL Conference

Hi,

I have a conference scheduled with the Dept. of Labor for the purpose of settling a claim for unpaid overtime. That date is August 7th, however, July 31st I am being terminated due to a ''reengineering'' of my department. I have a severance package that includes 6weeks of severance pay and 12weeks of stay bonus. In order to receive this I must sign a separation and release agreement. I have read the labor code which states that an employee cannot waive his/her rights under the FLSA, and that the execution of such an agreement constitutes a misdemeanor on the part of the employer. If I sign the agreement will it have an adverse effect on my conference with the Labor Commissioner. The overtime claim is twice as much as the severance package. I do after all have to be concerned about money, I am losing my job.

Thank You for your help.


Asked on 6/12/03, 7:05 pm

3 Answers from Attorneys

Re: Signing Separation and Release Agreement before DOL Conference

A key question is whether you are owed the severance and stay bonus by way of a pre-existing contract or agreement. If you are, then the employer cannot force you to sign the release. If you are not, you must chose between the sure money of the release or your Labor Board claim. If want further assistance all me @ 805/641-6600.

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Answered on 6/20/03, 12:00 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Signing Separation and Release Agreement before DOL Conference

You might have a claim for retaliation! You should make an appointment with a "wage-and-hour" attorney in your area ASAP. By signing such agreement, you probably would waive your rights to a claim for age or other discrimination. As far as waiver of rights under the Labor Code, someone else will have to answer that. Good luck!

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Answered on 6/19/03, 2:47 pm
Terry A. Nelson Nelson & Lawless

Re: Signing Separation and Release Agreement before DOL Conference

If you sign and try to pursue the OT claim, it will be create a confused issue. If you contend retaliatory firing you will have to chose between remedies. If you want help in dealing with the issues quickly, contact me.

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Answered on 6/19/03, 10:06 pm


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