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I am being forced to resign from a school district I have…

Customer Question
Good Morning, I am...

Good Morning, I am being forced to resign from a school district I have worked at for over 10 years. I am the legal caregiver of my elderly mother and have intermittent FMLA to be with her when she is having a bad day. My employer is forcing me to resign otherwise they will terminate me. My union and I have been working on a Settlement Agreement and made our requests. The district countered back with a form called Separation Agreement and General Release of All Claims. My question is 2 fold. 1) Can I be forced to resign or be terminated when I have the protection of the Family Medical Leave Act? I believe they are harassing me by saying they want to move forward with this because work isn't getting done when I have to take FMLA days to care for my mother. 2) If I sign this form do I waive my rights to file a claim of harassment with the EEOC? Thank you for your time.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

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

I am with a union, and a full time employee

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

They are offering me a lump sum payout which I believe is because they know what they are doing to me is wrong. My Labor Rep asked for a sum of $40,000 and the district is only offering me $17,270.

Submitted: 6 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/27/2017
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,191
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thank you very much for your patience. Here are the answers to your questions:

1. No, you cannot be forced to resign or be terminated as a result of you being on FMLA; however, you are able to voluntarily resign if you would like.

2. They may ask you to waive your rights, but generally the EEOC will not consider something like that to be enforceable, thus, if you decided to file an EEOC complaint later on, it is probable that the EEOC will simply ignore that. The school district may countersue in a district court for breach of contract, but courts are not generally willing to recognize the waiver of EEOC claims.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 6 months ago
I believe this is a form of harassment. They have a designated worker filling in for me when I have to be out for FMLA who is supposed to perform my job duties however, the district is claiming that the reason they are asking me to resign is because the work isn't be done. This has been going on since last school year. I will voluntarily resign but I expect a higher payout. I have attached a copy of the Release Agreement. Would you mind looking it over and just tell me if I will be in breach of contract if I file a harassment claim with the EEOC. I have documentation to support my case with them.
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for providing this. Unfortunately, because I am not your attorney, I wouldn't be able to review this. I'm very sorry; however, if there is a term in there that forces you to waive your right under 42 USC 2000e-2 (which is the federal law that prohibits discrimination based on sex, race, or gender) or the Americans with Disabilities Act, you should reject it and explain to your union why this is the case.

Did you have any other questions for me?

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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