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Customer Question
I need a lawyer...

I need a lawyer that specializes in labor laws and separation agreements in Texas. I am a single parent, 44 years old, and hispanic.

Lawyer's Assistant: What's the contract for? Who are the parties?

Is a "separation and general release agreement" I am the employee, and this is between my employer and myself.

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

Based on false accusations

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, this is a personal matter between an employee there and myself. Because I accused him of favoritism and inappropriate relationship with another employee.

Submitted: 9 months ago.Category: Employment Law
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Customer reply replied 9 months ago
I need a revision of the agreement; I was rushed to sign it, and did not give me anytime to review. I was told the day before that I had until August 31 to sign; when my employment was finished with the company. The next day, they rushed me into signing; and after 6 days of asking for a copy, I just received it today.
I need to make sure the agreement is fair, and what am I giving in exchange for severance pay?
Also, I need to ensure that it does not ask me to release any non-waivable rights, like EEOC
I was wrongfully terminated, with the excuse that the company was restructuring. I had nothing but praises about my superiors, but I reported another supervisor for inappropriate behavior and favoritism.
This employee screamed at me in several occasions, behind closed doors and created a hostile environment. He threatened me by saying that he was going to get me out of the job, many times.
Customer reply replied 9 months ago
I am a single parent, 44 years old, and hispanic. Please let me know if I have any chance to revoke, sue or ask for more compensation. I had to cancel my summer vacation with my daughter, and lost $5k. Because the whole month of July they had me "waiting for their call" to bring me in. In the meantime, they asked me to stay home and do not go to the office. They asked me to do some financial transactions, since I am the only one with authority to do so; but they prohibited me to contact anyone and they change my outlook password; so I was not allowed to see my emails.
Customer reply replied 9 months ago
Also, I was accused of falsifying information about the supervisor-employee relationship. I found and I have some valid pictures saved that proofs the "inappropriate relationship" they were having. A forensic expert examined my phone, and confirmed that the pictures were not made or altered. I was falsely accused; and abused by their supervisor. He is known by firing all minority women, a total of 8, in 2 years.
Answered in 10 hours by:
8/2/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,359
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law you must get at least 21 days to consider the agreement and even after that you have 7 days from when you sign it to revoke the agreement. The agreement you have tells you that as well, so it complies with Texas and federal laws.
If you want to revoke your agreement, you would need to do so in writing before the 7 days expires. You can argue that you are revoking your agreement because you were not given 21 days to consider the agreement and they coerced you to sign before that time was up.
This agreement is a standard severance agreement, it is used by millions of companies all over the US. There is a waiver of your rights to file any suits under all of the employment discrimination laws. So, if you do not revoke it you cannot pursue any claims with the EEOC regarding your harassment/hostile environment/retaliation claim for reporting inappropriate relationships or racial or sexual discrimination.
However, if you do revoke it, the employer can refuse to give you any new agreement, because severance agreements are not mandated by law, they are completely at the discretion of the employer. For this reason, the agreements are controlled by the employer and while the employee may try to negotiate with the employer I have yet to see any employer agree to remove the waiver of rights to sue for the various discrimination laws and they do not have to do so.
Thus, you can revoke the agreement and then get a local attorney to pursue your employment claims against the employer.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,359
124,359 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

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