How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 36943
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Hello, I plan to sue my company for expenses owed along with

Resolved Question:


I plan to sue my company for expenses owed along with liquidated damages, but they gave me a contract to sign after laying me off and I am unsure if it is waiving my rights away. I live in California, San Francisco.

Below is part of the contract due to limited space.



This Confidential Settlement Agreement and General Release (“Release”) is entered into between BCBG Max Azria Group, Inc., Max Rave, LLC and/or their affiliate (“Company”) and Vincent Flores (“Employee”) to settle all issues between them. Except to the extent governed by federal law, this Release shall be governed by the statutes and common law of California. The Company and Employee agree as follows: Section 1 -- Benefits (a) Payment: The Company will pay Employee a sum equivalent to two (2) week’s salary less required legal deductions and withholdings. Such payment shall be distributed within five (5) business days after Employee’s execution and return of this Release to the Company, care of Mayra Cortez, Human Resources Manager, by facsimile to number XXX-XXX-XXXX or by email toXXX@XXXXXX.XXX. (b) Sole and


Exclusive Financial Obligations: The financial payment referenced in subparagraph (a) of this provision constitutes the sole and exclusive financial obligations that the Company or others released herein have undertaken to Employee or on his/her behalf under this Release in exchange for Employee’s general release of all claims, known or unknown, against the Released Parties (as defined below) and Employee’s performance of other commitments provided in this Release. This is a global settlement of all claims that Employee has or purports to have against any Released Parties. (c) Compensation and Benefit Plans: Employee understands and agrees that he/she is not eligible to participate under any medical, dental, life insurance, retirement, and other compensation or benefit plans of the Company or any affiliate. Section 2 -- Complete Release by Employee (a)


Complete Release: Employee, on behalf of himself/herself and his/her heirs, executors, administrators, successors, assigns, representatives, and beneficiaries, does knowingly, voluntarily, irrevocably and unconditionally hereby and forever release and discharge the Company, its affiliates, owners, executives and employees (“Released Parties”) from any and all claims, liabilities, causes of action, rights, damages, compensation, severance, commissions, and agreements of every kind and nature, in law and equity, and whether sought by way of legal action, administrative proceeding or otherwise, which Employee now has or may hereafter have or accrue against the Released Parties in connection with any matter which occurred on or prior to the date of the execution of this document, including without limitation, any matter arising out of or relating to any services rendered or provided, hiring, employment or independent engagement of Releasor and/or the termination thereof (“Release”). The claims Employee is releasing hereunder include all known and unknown claims, promises, causes of action, or similar rights of any type that he/she may presently may have or may accrue (“Claims”) with respect to any Released Party. The matters released include any claims under the federal, state or local laws, including but not limited to any claims arising under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, any common law tort or contract claims, and any claims for attorney’s fees and costs. This Release does not release Employee’s right to vested 401k funds in Employee’s account. (b) Unknown Claims: Employee understands that he/she is releasing Claims that he/she may not know about and that it is his/her knowing and voluntary intent even though he/she recognizes that someday he/she might regret having signed this Release. Nevertheless, Employee is assuming that risk and agrees that this Release shall remain effective in all respects in any such case. Employee expressly waives all rights he/she might have under any law that is intended to protect him/her from waiving unknown claims (such as California Civil Code Section 1542). Employee understands the significance of doing so. Section 3 -- Promises (a) Employment Termination: Employee agrees that his/her employment with the Company and its affiliates ended irrevocably and forever effective August 29, 2013. Employee is accepting payments under this Release in lieu of any other rights or benefits to which he/she possibly could be or become entitled. No one has represented to Employee that the Company or its affiliates will ever thereafter seek to rehire her. (b) Pursuit of Claims: Employee has not filed, initiated, or prosecuted (or caused to be filed, initiated, or prosecuted) any lawsuit, complaint, charge, action, compliance review, investigation, or

Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.

Labor Code 206.5 makes any release concerning unpaid wages void and unenforceable. Similarly Labor Code 2804 makes any release concerning unreimbursed expenses null and void. So, your release cannot cover the issue of wages or expenses, no matter what it states, and regardless of what you were paid for your signature on the release.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 36943
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • LawTalk



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • melissamesq's Avatar



    Satisfied Customers:

    Represent clients to maximum recovery in employment cases.
  • /img/opt/shirt.png Attorney2020's Avatar



    Satisfied Customers:

    I have significant experience in employment law.
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel


    Satisfied Customers:

    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.