QUESTION

Is a General Release document legaly binding?

Asked on Aug 03rd, 2011 on Labor and Employment - Missouri
More details to this question:
I was laid off last Thursday, July 28th, from my job of 20 years. I will be 61 next month and believe I was unjustly released. However, in order to receive my 20 weeks of salary continuance, I must sign the General Release which must be return by next Thursday. Will I have any legal recourse if I sign this document?
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1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
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There is not an easy answer here, and I suggest you call a good employment lawyer in your area, but I'll give you some general information. Whether a release is valid depends on a number of factors.  First, the release generally has to be "supported by consideration."  That means the company can't simply force an employee to sign a release in order to receive pay already due them.  However, from you question it seems as though the company is offering you 20 weeks of continued salary in exchange for you signing the release.  That's pretty typical, and the 20 weeks pay will be "consideration" for your release of claims.  That is, they are paying you the 20 weeks in exchange for your agreement you will not sue them.  If you accept that offer and sign the release you should assume you are giving up all of your rights to sue the company.  Even if you accept the payment and sign the release, there are certain thing the company cannot require you to give up.  For instance, if you later develop an occupational disease as a result of your employment with the company, that claim would probably not be released.  Also, you cannot be required to give up your right to participate in an EEOC investigation, though you can be required to give up any right to recover damages through an EEOC claim.  Many states have their own laws governing what the employee can be required to give up. Also, whether the "general release" is valid may depend on the release itself.  Under the Older Workers' Benefits Protection Act, the employee must be given at least 21 days (in some cases up to 45 days) to consider whether to take the severance offer, must be told he has a right to consult an attorney, and must be given 7 days to "revoke" the release after the employee signs it.  Many states also have local requirements.  If the general release does not meet all of these requirements it may be invalid. So, I think the "short" answer is that you should assume that if you accept the severance offer of 20 weeks continued pay in exchange for the general release of claims, your release will be valid and enforceable.  I highly recommend you check with a good employment lawyer for specific advice.
Answered on Aug 15th, 2011 at 3:07 PM

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