Q: I received a check from a lawsuit brought on my former employer. But I want to bring my own lawsuit. Can I still sue?
I never consented or agreed to be part of a lawsuit against my former employer yet I received this check. Does this preclude me from bringing my own lawsuit?
A: Cashing the check most likely precludes you from bringing your own lawsuit, but more information is needed.
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A:
Receiving a check from a lawsuit you did not actively participate in could indicate that the action was a class or collective lawsuit where you were included as a member of the affected group. In such cases, your rights to pursue individual legal action depend on the specifics of the settlement and whether accepting the check constitutes an agreement to waive further claims against the employer related to the lawsuit's subject matter.
Before deciding on your next steps, carefully review any documentation received with the check. This documentation often outlines the terms of the settlement, including any rights you may be waiving by cashing the check. If the information is unclear or if you did not receive any explanatory documents, it might be wise to consult with an attorney to understand the implications fully.
If you believe your case involves different issues not addressed by the class or collective action, or if you think you have a strong basis for a separate lawsuit, discussing your situation with an attorney is crucial. They can assess the unique aspects of your potential case and advise you on the feasibility of pursuing independent legal action while considering the impact of any settlement you've already been a part of.
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