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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Hello, I plan to sue my company for expenses owed along with

Resolved Question:

Hello,


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.


 


CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE


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: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

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: 34864
Experience: Retired (mostly)
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