Employer wants me to sign an agreement before they will allow me to come back to work after I filed a complaint with the Labor Commission for retaliation.
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?
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.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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.
DISCLAIMER: Please be advised that this communication does not establish an attorney-client relationship. The information provided by WFB Legal Consulting is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.
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