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LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 27196
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was offered a lump sum for separation of employment. I was

Customer Question

I was offered a lump sum for separation of employment. I was given an agreement to sign. Can i sign this agreement and still file charges with an attorney and the EEOC?
Submitted: 10 months ago.
Category: Employment Law
Expert:  LegalKnowledge replied 10 months ago.

Good morning. You may not be able to and should consult with an attorney prior to signing it. I say this because if you sign this and settle, you could/would likely be giving up any claims which you may have. Moreover, the agreement may have language in it, which prevents you for filing charges with an attorney an the EEOC or taking any action. The purpose behind a separation agreement, is to prevent any future litigation, problems or issues. I am inclined to believe the company has language in this agreement, which prevents you from coming back ad suing them, or else there would be no point is paying you a lump sum now, knowing they could be exposed to more money down the road.

Customer: replied 10 months ago.
I will try to attach the agreement.
Expert:  LegalKnowledge replied 10 months ago.

Ok

Customer: replied 10 months ago.
Here is the best I could do at the moment
Expert:  LegalKnowledge replied 10 months ago.

Yes, Section 2 would prevent you from taking action against them. If you sign this and agree, the matter will be resolved.

Customer: replied 10 months ago.
I am not understanding why I was given separation pay if I was in the wrong like they stated.
Expert:  LegalKnowledge replied 10 months ago.

Because they may want to settle this and not possible expose themselves to any wrongdoing or misconduct. This is why if you have questions or concerns, you should not sign it and should get legal advice from an attorney, who can tell you if you have a claim or cause of action against them or if it is best to settle, take the money and move on

Customer: replied 10 months ago.
That is what I am going to do. Thank you
Expert:  LegalKnowledge replied 10 months ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.