Queens, NY asked in Employment Law and Civil Rights for New York

Q: I live in NYC and I was required to sign a severance agreement in order to be paid vacation time. Is this legal?

I am unsure if I have been discriminated against and was made to sign a severance agreement with my former employer that says I cannot file discrimination against the company

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In New York City, employers are generally allowed to require employees to sign severance agreements in exchange for benefits, like unused vacation time. However, this can become problematic if the agreement forces you to give up your rights in an unfair or discriminatory manner. You should be cautious if the severance agreement prevents you from filing legitimate claims, such as for discrimination.

It’s important to know that no agreement should force you to waive your rights under federal, state, or local laws, like those that protect against workplace discrimination. Any language in the agreement that limits your ability to bring a discrimination claim could be seen as overstepping legal boundaries.

You may want to review the specific terms of the agreement carefully and consider whether the situation was coercive. You have rights, and there are laws that protect you from retaliation or discrimination in the workplace.

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