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I have a settlement agreement with my former employer. My…

I have a settlement...

I have a settlement agreement with my former employer. My ex- employer was supposed to remove an investigation out of my personnel file and they have continued to release this information to new potential employers. It clearly states in my settlement agreement that this investigation will be removed from my file.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Yes. this lawyer said he contacted my ex-employer regarding this breach and he was told that they released it because I signed a waiver with the new employer to release my personnel file. Doesn't the settlement agreement supersede this waiver ? that was the whole purpose of the settlement agreement ......

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No. I was a police commander . no union. The agree was I don't fight for my job back and I could move on.......they didn't honor the agreement. If I knew they were going to do this , I would have fought for my job back and would have won !

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

I just believe I got poor advise from this attorney

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Answered in 2 minutes by:
2/14/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The settlement agreement doesn't supersede your waiver, as the waiver would have come second. Instead, the issue here is that, even if they released your personnel file, it should not contain the investigation because that was part of your negotiated agreement and they are in breach of that.

So, you should sue them for breach of contract, with the loss of any job opportunities as the damages.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 6 months ago
I need an attorney

To represent you? That I can't do. We have rules against it with this site.

To find a local attorney for this sort of matter, you should contact the state bar association where you live and ask for plaintiff's attorneys in employment law.

Then run those names through www.martindale.com in order to see their peer review ratings.

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Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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