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?


Asked on 5/27/99, 5:56 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Release from sexual harassment claim

Carefully review California Civil Code Sections 1541-1543

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Answered on 6/02/99, 2:02 am

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.

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Answered on 6/01/99, 2:06 pm


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