Legal Question in Sexual Harassment in California
Release from sexual harassment claim
Under California law, are there any special requirements for a release associated with a settlement of a sexual harassment claim. Any special state statutes that must be accounted for to ensure that the release is complete and air-tight?
2 Answers from Attorneys
Re: Release from sexual harassment claim
Carefully review California Civil Code Sections 1541-1543
Re: Release from sexual harassment claim
I don't know CA or LA (Louisiana) law, but generally
a release is child's play for an attorney. You'd better
hire one or you will find you're just being blackmailed.
Releases are usually general in nature, not referring solely
to a single claim under a single law which gets cited, but going
much wider, e.g., "In consideration of the mutual general releases
contained herein, and for other good and valuable consideration the
receipt of which is acknowledged by each party hereto, each of the
parties promises, agrees, and generally releases one another as follows:
Each of the parties to this Agreement promises, agrees and generally
releases, remises and forever discharges each other party, including
to the extent applicable, their agents, servants, attorneys, executors,
administrators, heirs and assigns from all debts, demands, accounts,
actions, causes of action, suits, contracts, damages, and all other
claims and liabilities of every nature arising out of, connected with
or incidental to the dealings between the parties hereto prior to the
effective date hereof, including, without limitation on the generality
of the foregoing, any and all claims, counterclaims, demands, judgments
and cause or causes of action as may exist between the parties hereto
as may be reflected in [ reference to something specific here ]" --
this is only part of an entire contract which must contain specific
elements in order to be valid. I usually sneak in the phrase "from the
beginning of time until ... ", one of my favorites for releases.
Use a lawyer. If he charges you $200, it will be worth the piece of mind.
Is there any 'consideration?' Are you giving something in order to get this
release? The attorney will ask you that.