Legal Question in Employment Law in California
Waive Cal Civil Code 1542
In order to receive additional termination benefits, my employer is asking me to waive all rights unde Section 1542.
Is this a normal procedure or should I smell a rat??
2 Answers from Attorneys
Re: Waive Cal Civil Code 1542
it is normal. it means you are waiving rights to a lawsuit that you may have but have not yet discovered. This waiver is used to make a settlement final.
Re: Waive Cal Civil Code 1542
This is standard language in settlement agreements (which is unfortunate because that totally defeats the purpose of the law). Generally such agreements are entered into where, for instance, the employee may potentially have a claim for wrongful termination or has quit claiming harassment, etc., and the company has paid the employee money to settle the dispute.
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