Legal Question in Employment Law in New York
Signed Severance Agreement now claiming Discrimination
I signed a severance agreement with the understanding that the reasons were just financial. I have sinced learned that I was replaced, and the puzzle pieces all came together, I was Discriminated against due to gender. I know I have given up certain rights. What I plan to do is state my case through a letter to the CEO without going into names, and to tell him how I feel and what i experienced. I plan to state that I will file a complaint with the EEOC, as well as make public certain non compliances by the company. I will also state that I would consider settling the matter privatly. Any comments and any help you can give to the contents of my letter would be appreciated as well as if I should direct this to the ceo or other person. Also if they agree to settle privatly I would need representation. There are many known facts and a few witnesses to support my claims.
2 Answers from Attorneys
Re: Signed Severance Agreement now claiming Discrimination
How long ago did you sign the severance agreement? There should be a 7 day revocation period. Read the severance agreement more closely; you'll probably find that you waived your right to bring any lawsuits, including gender discrimination. I can be reached at (212) 867-4753 to discuss further.
Re: Signed Severance Agreement now claiming Discrimination
Even if you are past the revocation period, if you can prove fraud, and it is an uphill fight to do so, you can POSSIBLY overcome the general release. Timing however is everything. It would have to be a very meritorious case, that they hid from you, before most courts would set aside a general release; and be prepared to tender back ALL of whatever you got for signing it, at the time you try to rescind it.
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