Can I Sue For Wrongful Termination If I Signed A Severance Package?
Have you recently experienced changes in employment and want to explore all of your options regarding your rights to sue? Perhaps you have received a severance package and are concerned about being able to take any further action against your employer. No matter the reason, you need dedicated lawyers to advise you before moving forward with a lawsuit.
Severance Packages
A severance package is usually some form of payment or benefits given to the employee after they have lost their job. It helps employees continue to provide for themselves and their families as they look for new employment. In some states, severance is required, especially for employers that lay off many people.
Release Forms
Some employers require the employee to sign a release if they accept a severance package. It means the employee gives up the right to sue the employer for anything related to the employment stated in the release. Before signing a release, the employee should contact a lawyer to make sure they understand the agreement.
Can You Sue After Signing a Severance Agreement?
If the severance package didn’t include a release, you could continue with a lawsuit against your employer. However, if you signed a release, it can be more difficult. A Los Angeles termination severance package lawyer will likely advise you to use one of the following reasons to void the release:
- Nothing was received in return for the release
- The release was not signed voluntarily
- The employee was unaware of what they agreed to
The employee was not informed of their rights under the ADEA (Age Discrimination in Employment Act). This act allows the employee to have more time to consider the release before it is final.
Example of Suing After Signing a Severance Agreement
In this scenario, Sally lost her job three months ago along with other co-workers. The company mentioned they were downsizing and seeing a significant decrease in income.
Months later the company hired new employees to do the same work. After reconnecting with former workers, Sally discovered they had all experienced a form of ageism, discrimination, or sexual harassment at work. Now she feels as if this was more of a wrongful firing.
The only thing jeopardizing her right to sue is the severance agreement she signed. Here is what a lawyer might tell her.
The Legal Approach to Resolving Her Concerns
A lawyer for severance packing disputes would tell Sally that her ability to sue is dependent on the contract’s verbiage, California law, and individual aspects of her firing. Because she wasn’t directly affected by discrimination or harassment, she must provide additional evidence of retaliation.
The court will first look to see if she gave up her rights to bring a claim against the employer in the agreement. It would invalidate her claim and prevent her from submitting a report with the Equal Employment Opportunity Commission (EEOC) and filing a lawsuit.
If Sally was forced to sign the severance agreement she might have a chance to obtain compensation. Claiming that you needed money is not enough to validate your reason for signing the release. But any evidence she has of retaliatory language would prove she was threatened to sign. Examples include bad references or ability to affect future employment at another company.
Why Mann & Elias?
There are a lot of things to consider when it comes to severance agreements. At Mann & Elias, our experienced employment lawyers in Los Angeles will assist you in facing your employer when you seek further legal action against them. We will walk you through the process and provide you with detailed information every step of the way. Contact us for a consultation and let us help you get the rights you deserve.