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I signed a separation agreement with former employer. Among other things I agreed not to sue for known or later revealed issues

Marshall, MI |

The agreement refers to the company as "Murphys Plastic Company". The real name of the company is "Murphys Plastic Products Inc. I have since found out they have discussed personal medical issues with other unconnected people including customers and possible future employers. The The plant manager who replaced me BEFORE I was demoted and subsequentially let go had placed a "back door" on my personally purchased and owned computer that I also used for my job and that there are also "hidden files" of business emails I can't open. My anti-virus company and my local computer expert {who also does work for my former employer so I don't completely trust him both tell me to find out more will require a somewhat expensive forensic analysis. With the wrong Company name is the contract binding?

Attorney Answers 3

Posted

WHY would you sign an agreement never to sue
your company? What DID YOU get in return for
this agreement? The agreement should be binding,
the wrong company title notwithstanding [company
instead of "Inc."]. You DID sign it correct? Why are
you crying about it now? You gave up your rights.
Get over it and move on.

HOWEVER . . . It would depend on the language
of the "agreement." You need to take a copy
and show an attorney to discuss. There's way
too much going on here to answer in only
one paragraph. But let this be a lesson to
signing future agreements. These things
always come back to "bite" you.

THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.

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Posted

I agree with the other response that the contract is probably enforceable. But it seems to me that illegal actions of the officers and directors of the company may not be. You need to have the contract reviewed by an attorney to determine what your rights and obligations are.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Posted

What you signed was likely a severance agreement and resignation letter. Companies typically offer this in exchange for the employee's waiver of all potential employment claims. If it is well written it will include sexual harassment, age discrimination, race discrimination, disability, etc. This does not cover illegal actions by your former employer.

It is also important to note that such agreements give you, by law, 21 days to decide if you want to sign and another 7 days to revoke after you signed. It may be too late. Either way, if it is the same type of agreement I'm thinking of, you were given ample time and notice to consult an attorney before signing, and you likely received a monetary benefit with your resignation. Another benefit is that you could, at that point, legitimately say you resigned rather than fired. The contract can still be binding regardless of the company name because it is very clear in the context of the contract and the signers who the company in question was.

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