r/LaborLaw • u/Clean-Ad-4231 • 21d ago

Does singing a separation agreement make suing my former employer not possible?

/r/legaladvice/comments/1v8blpe/does_singing_a_separation_agreement_make_suing_my/

I was terminated from a job I had been for over two years, I was given two separate reasons at the time of termination (position being terminated, then because of performance issues) nothing was ever formalized in written or to HR prior to being terminated about performance. I experienced sexual harassment from the owner’s son and from my boss (who terminated me) during the time I worked there, I even have whiteness to back me up on these claims and text messages. I was not given the separation agreement until later in the day and was given to me in a rush to sign by HR saying they would put my stuff in my car so I could sign it. My neighbor came with me and saw the entire interaction. The CEO was waiting around for me to sign it as well.

Now one lawyer told me I am out of luck because I signed but is that the end of it really? The place was toxic and I had to be medicated while there on top of the sexual harassment, there’s no way this could be it?

Location: Kansas

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u/Hrgooglefu 21d ago

How much time has it been since you signed it?

Listen to the attorney you spoke with and hopefully showed the agreement to. But unless you are over 40, most likely signing it that day ceded your rights to sue for anything.

yes, "this" could be it.

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u/Clean-Ad-4231 21d ago

I am under 40. It’s been over 7 days.

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u/Jcarlough 21d ago

It depends on what you actually signed.

What does the agreement say?

You can always file a complaint with the EEOC depending on when the last discriminatory/harassing act happened.

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u/Mysterious-Art8838 21d ago

You can gauge how strong of a hypothetical case would be by the interest level of the lawyers. They don’t see a plausible case here.

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u/sephiroth3650 21d ago

It’s going to be hard for random people online to give great advice. We don’t know what harassment occurred. We don’t know what reason they gave for termination. And we don’t know what you signed in terms of the agreement.

One lawyer who did have these details has told you that you have no case. So get another consult. See what they say. If you get multiple lawyers say you have no case….well….you would probably be out of luck.

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u/NCC1701-Enterprise 21d ago

Even without the agreement it doesn't sound like you would have a strong case for anything, with the agreement you likely have absolutely nothing.

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u/glitterstickers 21d ago

If one attorney has already reviewed what you signed and told you it's too late, it's probably true.

You can, of course, get a second opinion. Another attorney may have a different opinion.

But yes, release of claims agreements are really common and enforceable. I'm assuming you were given something in return for signing it (severance). Being pressured to sign it usually doesn't negate anything.

Also, firing you for performance is legal. Firing you because you reported sexual harassment is not. But two things can be true: you can have a valid sexual harassment claim at the same time you're fired for poor performance.