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sdavis
09-04-2005, 01:28 AM
I was terminated back in June from my previous employer. The employer at that time offered a severance check of $1800. (1 weeks pay)

Part of the strings attached to the severance check was to sign a form indicating that the Company was not liable for all claims and damages relating to the Fair Labor Standards Act. (Overtime law), Americans with Disabilities ACt., and Civil Rights act.

According to them I signed the document.

Now 3 months later I have filed a complaint with Oregon Department of Labor and Industries, indicating that the company violated the law under the Fair Labor Standards act and made me an exempt employee although I did not meet the exempt criteria. The State of Oregon has started an investigation in to the matter. They amount of the wage claim is around $10,000.

Soon after the investigation started, I received a letter my former employer's lawyer stating that I was in violation of the severance agreement and if I didnt stop the department of labor immediatly that they would seek litagation against me.

My question is, can a release/waiver form disregard all the company from all state and federal laws concerning the Fair Labor Standards Act?

If what can they litigate against? Can they seek damages above and beyond the $1800 in severance pay? I have a wage claim exceeding $10,000 against this company. In addtions to the termination i received when notifying the company that they were in violation of the Fair Labor Standards act.

cbg
09-04-2005, 11:33 AM
It would be impossible for us to judge the enforceability of a document we have not read. The exact wording will determine what can and cannot be enforced.

You will need to show the agreement to a local attorney.

cactus jack
09-05-2005, 12:26 AM
SDavis, you said your employer "offered" a severance check of $1,800. Did you accept it or not? You also said they claimed you signed the agreement. Now tell us, did you accept the check or not? And did you sign the agreement or not? Ultiamtely the last one is the stckler. Because if you did sign the agreement, then it might be enforceable.

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