San Angelo, TX asked in Employment Law for Texas

Q: Can I sue for wrongful termination of employment if I signed a resignation letter?

My 62 year old husband, employed 22 years as a Maintenance/Safety Director for a large retirement complex, was told on 5/31/16 that he would have to either tender his resignation or be immediately terminated. He signed the resignation letter but is having second thoughts. He has had an excellent employee record with them until recently. After having rotater-cuff surgery on 12/11/15 he began suffering some memory loss and had what he calls "foggy brain." Although he was given no cause for termination he suspects his memory problems and cognitive problems are the cause. He has been offered a severance pay in the amount of $13,800 on the condition that he sign a non-disclosure statement, which he has not done yet. He has till 6/14/16 (his last day of employment) to reject that sum or accept and sign the agreement. My question is would it be worth the money to hire an attorney and pursue legal action; or is it too late to do that since he signed the resignation?

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1 Lawyer Answer

Marshall Jason Ray

Answered
  • Albuquerque, NM

A: For this very specific situation you should consult with a private attorney in your area. There are many who will offer a free consultation. Generally speaking, signing a resignation letter does not foreclose a lawsuit. Depending on whether you were the moving party, or the wording of the letter (i.e., whether it was a release), it might be very hard to overcome. Again, you should sit with an attorney in private to go over all of the details of your proposed case.

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