Can I challenge a release's validity through a CRD/FEHA case, or must I rescind first?:
Multiple employment attorneys agree I likely have viable FEHA claims (disability discrimination, failure to accommodate). The employer knew about my disability. However, I signed a separation agreement with a general release while dealing with a serious medical condition, and no attorney will take the case because of the release.
Rescission would cost $20K+ with no guarantee. I can't take that risk. Instead, I'm planning to file a "CRD complaint and challenge the release within the FEHA case" (grounds: fraud/misrepresentation, incapacity at signing, OWBPA job title defect).
If I go this route, would attorneys be more willing to take the case on contingency? Since the release challenge would be part of the FEHA litigation, not a separate rescission action?
Arkady’s answer:
If you signed a typical release and accept severance payment, setting the release aside is an uphill battle, to say the least, as it requires a high showing of duress or undue influence. What you mentioned doesn't seem to come close to meeting that standard.
CRD complaint is unlikely to address this.
Request remote reassignment as a disability accommodation after employer failure to return to work:
California employee. I went on approved medical leave in late 2024 and was medically cleared to return in July 2025. The leave administrator said my leave had ended and I should return through the employer, but the employer continued treating me as on leave. I repeatedly contacted management, HR, and leave channels and sent certified correspondence. I was never restored to a schedule, never told I was terminated, and never given a clear explanation of my status. I am still employed with them till this day (fortune 500 company). Management turnover/restructuring left no one taking responsibility. In a later unemployment case, the employer still maintained I was employed while giving me no work; the judge found I had been medically released and able/available to work.
I am still considered employed and want to formally request the interactive process and reassignment to an existing vacant remote/work-from-home position for which I am qualified as a disability accommodation, not creation of a new job. I can’t find an attorney to help me unless they terminate me. Which they will not.
Arkady’s answer: If you have not been paid and the employer kept you in a limbo for many months, this may be tantamount to termination depending on the other circumstances of your case and should be a compelling case to pursue. If you are being paid while on leave, then this creates an issue of no damages for attorneys and that's the most likely reason they don't want to pursue this on your behalf.
Former Employee Exported Customer List, Started Competing Business and Is Soliciting Our Clients:
In the beginning of this year, we laid off an employee due to a seasonal slowdown in business. Unfortunately, after his employment ended, he still had access to our CRM system and exported our client list.
He has since started a competing business and is actively contacting our customers. During these calls, he tells them that he used to work for our company, has started his own business, and offers to perform the same services at significantly lower prices.
We have a recorded phone call from one of our customers confirming that he contacted them in this manner. We have also seen reviews from our past customers appearing on his new business, which further suggests he is soliciting our existing client base.
His actions pose a serious threat to our company's business and goodwill. By using our confidential customer information to compete directly against us, he has already caused us to lose business worth tens of thousands of dollars, and we are concerned that the losses will continue if he is not stopped.
We would like to know what legal recourse is available to prevent him from continuing to use our client list and solicit our customers.
Arkady’s answer: Whether you have legal recourse depends on a number of actors, including primarily whether your list of customers counts as confidential, trade secret information under the law (someimtes it does, but not always). You should discuss this situation and your best legal and practical options with a trusted attorney.