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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
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I got a severance offer from my employer in exchage of

Customer Question

Hello i got a severance offer from my employer in exchage of release of lawsuits
The payment will stop if i get a new job or be partial if the new job pay less
Can i ask to be pay severance at full regardless if i get a new job?
Can i proceed to lawsuit after i agree to release of claims
Im in california
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 12 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Severance is always negotiable, so you can absolutely negotiate to have the severance paid in full regardless of whether you find new work. In fact, that is really the more common arrangement. As for proceeding with a lawsuit after you sign a release of claims, the answer to that is "no," you cannot typically do that. The very purpose of a release of claims is to prohibit you from suing. That is why your employer is paying you money. You cannot both take the money and sue, as under that circumstance your employer is not receiving any benefit from the bargain. The only exception would be if your employer does something AFTER you sign the agreement that is actionable (i.e. they defame you to prospective employers). You cannot waive the right to bring a claim for something that has not happened yet, so in the case of future wrongs committed you would still have a claim.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 12 months ago.

Was I able to address your concerns here? Please let me know if I can provide any further assistance at all...

Expert:  Patrick, Esq. replied 12 months ago.

Are you receiving my messages?

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