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At the end of my employment, which I have to resign, my boss had me sign a full release for future claims. I wouldn't sign one unless he signed one as well. He did. In May 2012. Now two months later, he is claiming there is a money owed on an account. His lawyer has refused to send me copies of the releases that were signed. But I have an email copy of his release that was sent to me by email by one of the girls in his attorney's office. If he is not abiding by his release, do I have to abide by mine? What can be done?
Optional Information: Country relating to Question: United States State (if USA): Tennessee Already Tried: I sent the money to correct the problem as I have no way of defending what he says. He is the only one with access to the books. Books can be changed and he is threatening to send the info to the DA. What good is the release if he pretends it doesn't exist and his lawyer is refusing to send me my copy?
Welcome and thank you for your question!I am sorry to learn of your experience. Please clarify: what is it that you want to sue your former employer for?
He was afraid I was going to sue for sexual harrassment. I don't want to sue I just want him to leave me alone and abide by our releases. Doesn't his lawyer have to send me a copy? It was signed and notarized in May now two months later he is stating a monetary claim. All claims were included in the release.
You cannot sue for sexual harassment until you've filed a complaint with your local EEOC office and they've issued you a notice of a right to sue.Yes, he should have given you a copy of the release. He must not have signed it.Just go and contact your local EEOC office and file the sexual harassment complaint. Their contact information is listed here: www.eeoc.gov/field/nashville/index.cfm They will follow-up with him. It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
He did sign it. I have an email copy of it. It was signed May 14, 2012 and notorized. I do not want to sue. I do not want to file a complaint. I just want to be left alone. His lawyer knows he signed it. She is holding it in her office. Doesn't she have legal responsibility to abide by it as well?
If the lawyer is acting as an agent of your former, boss, yes, it's binding.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
She is his attorney. She has the documents. They are signed and notorized. If she is not abiding by them, and he obviously is not abiding by it, what are my options? What can I do? I already sent in the money for this claim. Is this just going to keep occuring?
What is she demanding of you now?
No further claim as of yet, but they have not released my copies of the releases. Since they have made this claim knowing releases were signed and notorized what else are they going to be able to do?
There should be nothing else happening. None at all. Everything should be concluded and you can move on.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
How can I make them release my copies of these documents?
In Tennessee, there is no law giving you the right to see your own file. So, you cannot "make them."If you filed an EEOC complaint or sued them, then you could get a copy of the document via those means. But, if you don't want to file a complaint or sue, then you have no separate recourse to get a copy of they don't want to give you one.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Then if they made this claim knowing the releases were signed and notorized, what is keeping them from making another claim? When will it stop?
If they try to make another claim, just ignore them. You don't owe anything else to them.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
They are friends with the DA which they have already threatened me with over this claim. They will turn it over to him or may have me arrested or who knows what. How could I just ignore it?
Because they are just blowing smoke. Such threats, as you've described them, are criminal extortion. You can file a police report and seek your own criminal charges if you wanted to.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
I sure hope you are right. It is a small town and they(my former boss and his attorney) are friends with the DA and judges and police. If I contact the EEOC and file a complaint, can they come after me because of my signed release?
They'll just tell the EEOC that you signed a release and they'll have to give a copy to the EEOC (who will then give a copy to you).What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
So there is nothing I can do? I don't need a copy of my release. Is the email copy of his release legal or do I need a copy from the law office?
An e-mail copy is totally fine.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
How do I let them know I know about the signed release? Could he just rip it up and pretend he didn't sign it? My release was signed contingent upon his release being signed. But they could lie about that as well. I am sorry to keep asking questions, but I feel backed into a corner.
You can give them a copy of the e-mailed copy. That's how.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
But that would probably get the girl from the law office who sent it to me fired and she is my friend.
That's a personal choice which only you can make.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.
,If the release of claims was signed and notarized but he is not abiding by it and his attorney is not abiding by it and refusing to release it, what keeps them from changing the books and making a claim against me for something like embezzlement or something?
If the release of claims was signed and notarized but he is not abiding by it and his attorney is not abiding by it and refusing to release it, what keeps them from changing the books and making a claim against me for something like embezzlement or something?
Relist: Other.If the release of claims was signed and notarized but he is not abiding by it and his attorney is not abiding by it and refusing to release it, what keeps them from changing the books and making a claim against me for something like embezzlement or something?
Thank you for the follow-up. I am sorry for my delay in responding to you. I was in trial all day.There is nothing to stop them from making such claims. Your defense, of course, would be to show your release to law enforcement.
But couldn't they make the claim by his wife who was always listed on company boards or by the company itself to get around his release? I now have the original release signed by him in my possession.
If you have the lease in your possession they there's nothing to worry about. Seriously.
But I know him. I worked for him for seven and half years. I know how he gets around things because of who he is. Small town. If they want retaliation they get it. If they take out a warrant and police come to arrest me, I show the release to them, they won't arrest me? Couldn't they just have his wife take out the claim? I don't have a release from her.
Your boss does not decide if a warrant is issued. The DA decides that.If you are charged, you have the right to a trial and a right to defend yourself.
But that is my point. If he changes books and records that he gives to the DA and I am still being threatened with or get arrested what was the point of the release? Why don't I have some sort of recourse? Why do I have to go through all the expense of proving something wrong?
I understand why these collective circumstances make you anxious. You do not have to go through anything right now. Nothing new has happened. Do not keep beating yourself up with what ifs.
Yes, I understand your point. But they have already made one claim knowing this release existed. I paid, not being able to prove the release existed. His attorney knew and allow him to make this claim. They obviously are not held by the law. I don't think I should always be waiting for the next claim.
You do not have to wait. Just sever your contacts with them. It's time to move on.
I have. I thought they had as well until I got this claim two months after all releases were signed. I am not asking what if's, I am asking what they can do to get around this release. If they filed this claim with the lawyer possessing this signed release, what else can they do and get away with?
They won't get away with it if you reject their efforts (if they try again).
does a release of any and all claims signed by him include all his companies?
I do not have the benefit of reviewing the release so I cannot speculate on that. If an issue should arise in the future, just have a local attorney review your release and respond to them for you.
Can he submit false info to the DA, pretending this release doesn't exist or failing to tell the DA about this release, and receive a true bill against me?
If it's determined that he provided false information to the DA/law enforcement, he can be prosecuted with a crime.