QUESTION

Can my employer make me sign an agreement not to sue it in exchange for a severance package?

Asked on Jun 02nd, 2015 on Employment Contracts - Oregon
More details to this question:
can employers still be sued even after an employee signs a severance agreement i.e., they change their mind.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes.  Although it is possible that the law is different in Oregon, in the jurisdictions in which I practice your employer has no obligation to provide you with a severance package unless you have a contract which says otherwise.  Thus it is within its rights to demand something in exchange for severance compensation, including a release of any claims.  Such a release would be enforceable with regard to most claims unless you can show some reason why it is invalid - that it was procured by fraud, through duress, etc.  There may be some claims, for example age discrimination claims, for which the release can be revoked within a certain period of time.  Of course, if you revoke the release or it is found to be unenforceable, you have to return the severance pay.
Answered on Jun 03rd, 2015 at 1:07 PM

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