Baldwin Park, CA asked in Employment Law for California

Q: My boss asked me to sign the resignation of agreement at my last work day. I sent him a email which I disagree it.

After 4 weeks I haven’t received any reply from my boss. And he rejected my phone calls three times and replied from my original email that his company will answer me the next day. Then I received a lawyer email with the wrong information. They added more compensation than the original resignation, so I asked to correct it and I’ll sign. But they avoided to reply. Can I sue them?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, your ability to sue in this situation depends on the specifics of the case, including the nature of the disagreement and the terms of the resignation agreement. If the resignation agreement includes terms that are not being honored, or if there is a dispute over the terms, legal action may be a viable option.

It's important to carefully review the agreement and any correspondence, including the email from the lawyer with the incorrect information. If they are offering more compensation than originally agreed but are not responding to your request for correction, it might indicate a misunderstanding or a potential breach of agreement.

Documenting all interactions, including your attempts to contact your boss and the lack of response, is crucial. This documentation can be valuable in a legal proceeding, as it provides evidence of your efforts to resolve the matter and the other party's lack of cooperation.

Before proceeding with a lawsuit, consider sending a formal letter outlining your position and the corrections needed in the agreement. This can sometimes prompt a more formal and considered response.

If these steps do not resolve the issue, consulting with an attorney to explore your legal options is advisable. They can assess the specifics of your case and guide you on the best course of action, whether it's negotiating a settlement or proceeding with a lawsuit.

1 user found this answer helpful

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: What you refer to as a resignation agreement is likely a severance agreement. You have no legal duty to sign any document at the conclusion of your employment with a company. DO NOT SIGN an agreement resigning from your employment unless and until you get some basic legal advice about what you are signing. Signing such a document can impact things like your future resume and applications you will fill out, your eligibility for unemployment insurance, and your ability to make legal claims against the employer for practically any claims you might wish to pursue, even things you do not know about at this time.

A severance agreement is not required. When you refused to sign the agreement presented to you, you gave the employer the right to no longer offer the severance on the terms they presented. You then have no right to sue for the benefits of the agreement previously offered.

Locate and consult with an attorney who can give you specific, confidential advice.

Good luck to you.

1 user found this answer helpful

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