QUESTION

Can my employer ask me to sign a contract stating that I cannot sue him for any reason? Even if he violates acts such as the Civil Rights Act?

Asked on Apr 26th, 2021 on Contracts - California
More details to this question:
I am leaving my current place of work at Monterey Zoo, and I am taking one of the animals, a bird, that I have bonded with, with me. My employer is making me sign a contract in order to get the bird with several clauses that concern me. Mainly, that I cannot sue him for any reason. The contract in question even states that I cannot sue him for violating acts such as the Civil Rights Act or the California Labor Code. It also goes on to say I can't sue him for lost wages, slander libel, invasion of privacy, and assault or battery. The list goes on. Is this legal? Can he make me sign this?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your former employer cannot "make" you sign this, but if you don't, you can't "make" him give you the bird.  Your employer is asking for a release, which is common, although there are some statutes in California that impose certain requirements which must be met for a release to be valid in an employment context, and it doesn't sound as if those requirements have been met here.  I would think that your main concern would be whether you believe that you have a valid claim against your former employer (I am assuming that you are only being asked to release existing claims, and not claims which may arise in the future; such releases can be valid, but are much trickier and less likely to be enforced).  If you don't believe you have a valid claim, it would seem to be a minor risk - that you may be giving up an existing claim of which you are unaware - to sign the release.
Answered on Apr 27th, 2021 at 8:14 PM

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