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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37118
Experience:  I provide employment and discrimination law advice in my own practice.
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I have been offered and signed a severance package which requires

Resolved Question:

I have been offered and signed a severance package which requires me to grant a full and complete release for the company, its employees, clients, vendors, etc. etc. No problem except that I would like to personally sue one of the employees, another divisional president, separately without involving the company, for slander and damages to me which cost me my career. I understand the burden of proof is on me but that's a separate issue, and a variety of things, including the collapse of the company, work in my favor.

My legal question is whether or not the company's severance agreement can prevent me from filing a personal lawsuit against this employee for activities related to the business. I do not intend to name the company as a plaintiff in any proceedings--just this one employee.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

 

To answer directly, if the release includes 'employees', then you would be barred from suit. By choosing to accept the funds and signing the severance package, you are essentially signing a settlement agreement under which you agree to hold everyone harmless from any activity that is related to the business, including employees and the business itself. Unless you get the company to rework the language and allow you to possibly pursue one of the parties once you accept the funds, taking this package would bar you from suing someone separately simply because that person could 'enjoin' (bring in) the employer as a third party, and it would then cause a breach of the terms under the package that you signed.

 

I am very sorry, please be well!

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37118
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 3 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you for your prompt and accurate response. Tough to accept but makes perfect sense and gives me a definitive direction.


 


I am happy to have "Just Answer" process payment for your quote of $48. I assume they will do this automatically. If not, feel free to call me at the cell number I provided.


 

Expert:  Dimitry K., Esq. replied 9 months ago.
Pete,

Thank you very much for your feedback. Sorry about the information but I am happy to hear that it does make sense and it hopefully helps you make the next step for yourself.

Should you ever need me again, please feel free to request me directly by name and I will do my best to help if I can. In terms of payment, I see that it was properly transferred to me, so I thank you for rating me positively. Please be well!
Customer: replied 9 months ago.


I will do so!


 


Cheers.

Expert:  Dimitry K., Esq. replied 9 months ago.
Same to you and good luck!

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