Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
What are your questions concerning this waiver?
Did you have a contract of employment stating that you could only be terminated for cause which could have been the basis for a lawsuit against them for wrongful termination outside of the terms of that contract?
Do you have any evidence that the basis for your termination/lay off is your race, religion, gender, age, disability or FMLA use?
No, to both of the above. I was not laid off. I became totally disabled again, after working with them for over a year, and have been on disability since. Their plan ends now, and they are handling it as a termination even though I would like to work if they can provide working conditions I can take advantage of.
Ok. Here is the problem.
If you have been out of work with them for a year, the laws that would have protected your right to return to work no longer apply. Those laws only protect up to 12 weeks of medical leave.
Furthermore, the American's with Disabilities Act does not require an employer to grant reasonable accommodations in the job that you had. It does not require the employer to essentially create a job with work conditions tailored for your disability. Additionally, the ADA doesn't require reemployment, which is why the FMLA was passed and again, the FMLA only grants 12 weeks of protected medical leave.
Unfortunately, on the facts you've given, the employer is legally able to terminate in this situation. Because the termination would be legal, given these facts, I do not see that you lose any substantive rights by signing the waiver, but you stand to gain severance from it.
I would recommend signing the waiver.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).