Legal Question in Employment Law in Massachusetts

Release of Claims and Non-Compete

My California based employer is closing our division in Massachusetts. We signed a severance agreement that listed 3 requirements; maintaining a good attitude, completion of task objectives, and signing of a Release of Claims. Since the form did not exist, I was told verbally that the document contained only statements regarding filing a lawsuit against the company. The Release of Claims was released recently and it contains a non-compete clause.

1. Am I obliged to sign the document to receive my severance as is or can I delete the non-compete clause and still receive my severance due to the verbal description from a senior manager?

2. The Release of Claims states that signing the document is the only requirement to receive my severance. Does this document supercede the previous agreement eliminating the first two conditions?

3. The non-compete list companies that have business segments that do not compete. Is this valid?


Asked on 9/26/02, 9:15 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Release of Claims and Non-Compete

Unless there is a written severence policy for the company, or, you have a written contract of employment for a specific term of years, you are not entitled to severence at all. You may try to negotiate the elimination of the non-compete agreement because of the staement of your supervisor, but the company does not have to negotiate. You don't have to take the serverence if you don't want to be bound by the non-compete.

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Answered on 9/27/02, 2:49 pm


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