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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116166
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Last July 2010, I was layed off from employment due to the

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Last July 2010, I was layed off from employment due to the down turn in business environment. When I was hired on, 4-5 years ago I had a contract with the company to pay my helath insurance premiums. After the end of each year, I have been paid that amount for 2006, 07 and 08. Howver, after I was layed off, I requested payment for 2009 and part of 2010. The company is not responding to my request after repeatedly reminding them by emails. One more item of relevance is that on in consideration for a small severance package, I signed waiver not t sue the company. The contract to pay for Health insurance is pretty straight forward_Many thanks
Submitted: 6 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, if you signed the severance agreeing not to sue and you did not make demand and come to an agreement for the payments before you agreed to the severance, you signed away the right to now sue them for breach of contract. This is why people need to discuss these agreements with attorneys before signing them because these questions would come up in that discussion regarding the rights being waived and the attorney would ask if there were any issues you may have to sue over and you would have thought about the insurance and then it could have been raised before you signed. But now you signed waiving rights and the insurance was not discussed in the severance, I am afraid if you tried to sue you would be counter sued for breach of the severance and your suit would be dismissed.


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Customer: replied 6 years ago.
The waiver was on consideration for the severance payments exclusively. In fact, I expect to get performance pay (prorated). Is it worth examining the waiver now?
Expert:  Law Educator, Esq. replied 6 years ago.
Read your severance agreement more carefully because if it contains the standard clauses then in consideration of the severance pay "to which you agree you normally would not be entitled" (or some wording to that effect, you waive the rights to sue for a whole list of items and this would be one of them. The only thing you can sue over is if they breach the severance agreement itself. But if you sue for anything else they will move for dismissal of your suit and sue you for breach of the agreement. Read the agreement and waiver very carefully.

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