My son worked for a government entity. They want him to sign a resignation agreement releasing all claims against the "agency" and then they define "agency" to mean all previous employees of that agency as well, however, as leaders of a government agency, I thought that they are personally liable for certain willful and wanton actions under 42-1983? If they are "personally liable" for something provable under 42-1983 then would they no longer fall under the definition of "the agency" because 42-1983 charges them in their individual capacity and separate from "the agency." Am I correct in this? Also, can one be in breach of a civil resignation agreement if you later sought suit under 42-1983? If this were true, then resignation agreements would be a viable alternative to liability for violating the public trust under color of law. Is this true?
If your son is being forced to resign, he has bigger problems than the releases he signs. Get him an employment lawyer to discuss the case prior to signing anything. Do it immediately.
Clearly you think this is a discrimination case, so the attorney should have experience in government discrimination claims.
This is an employment law question.
This does not constitute legal advice or the engagement of my services as an attorney.
If your son is being forced to resign, as it seems, you need to consult with an employment attorney before he signs anything. It sounds as if you believe this is a discrimination claim, but more facts are required before that can be assessed.
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