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I signed an iron clad severence agreement not to discuss any…

I signed an iron...

I signed an iron clad severence agreement not to discuss any matters. I felt I was retaliated against for bringing wrong doings to the company's attention. Human Reources did an investigation an found no wrong doing. However I can provein court that Human Reources did not do a proper investigation and in fact is part of managements coverup. More to come

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

I have two questions. If I can show in court that Human Reources was involved in a cover up and did not do a real investigation can I possible void the severence agreement since I never woul dhave signed it had a true investigation been done. Question 2 If they come against me for voiding the agreement would I be able to get deposititons from people involkved in my firing?

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

Yes

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

No have ,more but too much to mention here

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Answered in 6 minutes by:
3/27/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,572
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 system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Your argument here assumes that HR is not supposed to be in collusion with the employer. This is a common misconception, but HR is not a statutorily created entity that must have some sort of neutrality. HR is an entirely employer-created construct, made to appear neutral, but in reality working for the employer the entire time. HR is a sham, specifically developed to protect the employer from lawsuit. Sometimes that means that HR helps the employee, because that is the safest course. Sometimes that means that HR circles the wagons to protect the employer.

So, no that argument would do nothing to invalidate the agreement in any way.

If you do violate the agreement and they sue you for that, you'd certainly have the right to request depositions during the discovery process of that lawsuit.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question

As noted in my first response, I am not making a request for a phone call and will not accept one. The phone call request was automated by the system.

If you have further questions, please ask them here.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,572
Experience: Employment/Labor Law Litigation
Verified
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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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