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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I signed a release for a contract employment agreement, releasing

Customer Question

I signed a release for a contract employment agreement, releasing any and all future action against them. I was owed much more and was told by my friend that he would be fired if I didn't signed it. I was advised by my personal friend/lawyer that I should not sign it for a variety of reasons. However, I was dragged out of my bed at 1am along with my 2 children from bed (the home rental we are living in is in his name). My children were told that they needed to gather up their things and leave at 1am (my car was in the shop, so he would drop us off wherever we needed to go). Their father was over 1 hour away and I didn't want to traumatize the kids any further so I signed the release and told the children to go back to bed and lock their doors. I signed the agreement and was soon given a check by the company in exchange for the release. I did not cash the check (I think that would only weakened my case -- I believe).

I was promised by my boyfriend that he would make it up to me financially with several specific things, but the terms are ridiculous compared to what I was owed. He changed his mind on what he wanted to give to me. I was offered his other house, his retirement, etc.

My questions are the following:

(1) Can I sue my boyfriend for oral promises?;
(2) Can I undo the release under the circumstances and the fact that it was done under duress?;
(3) Should I cash the check given to me during the release?; and
(3) Would this be under a contingency basis or would I need to pay cash up front (he has most of my cash (I signed over my paychecks to him -- obvious evidence), and kept very little to myself. I did so because we decided to purchase a new car (for which I made the down payment), paid his rent, paid for all of our entertainment expenses, paid by the down payment for the new SUV - in his name, and many other things). This all left me with very little to pay for anything on my own.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 3 years ago.
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