While Labor Commission is investigating my employer, they want me to sign an agreement. Can they force me to sign?
Language in the agreement reads:
"Doe expressly releases any and all claims, including but not limited to claims of discrimination, hostile work environment and retaliation related to his removal from and return to the XXXX work location as contemplated by this agreement, reserving and not waiving all other claims set forth in his grievance and complaint to the Labor Commissioner"
Doesn't this mean that I give up all rights to say that they retaliated against me?
2 attorney answers
This in essence is a settlement and release clause. I would NOT sign the document until you have sorted out your options by meeting personally with a lawyer of your choice, who has experience in employment litigation cases.
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It is very important that you do sign the agreement you have been given until you consult confidentially with an employment law attorney. You need to understand the value of the claims you are giving up, and you need to be assured that there are protections in place that once you sign the document you will not be retaliated against and/or cheated out of your valuable claims.
Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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