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help! forced 2 sign volun.resign. with workers comp California

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  • help! forced 2 sign volun.resign. with workers comp California

    On Feb 7th 2008 I settled a workers comp case witha large airlinesI was furloughed as soon as I was released in feb 2006 to go back to work. I was lead to believe by my immediate supervisor that they would find a position for me as soon as I was released from medical.I was released from medical and then promptly furloughed. As a part of the compromise and release from workers comp. they demanded that I sign a voluntary resignation of my job, senority, rehire rights, and not to interview in the future with that airline, any parent or subsid. I refused to sign the agreement. As I was in the last stages of being rehired by that airline again with my senoirty in tact and only 3 1/2 years left to a retirement. they refused my settlement. as well as threatened my attorney that they would sue me for overpayment of benefits If i refused to sign it. I tried to sign it under protest and duress they refused it. I finally signed it with a second copy that states it is involuntary I also crossed out the release of senority and rehire rights and not to look for FUTURE employment. My attorney made sure that none of the resignations papers were filed in the court files. Today my ex-supervisor called and said she wanted to know why I was seeking employment with United as she had a signed document that said I was not able to and was forwarding it to the dept I am interviewing for. I am not seeking future employment as I sought the job before the forced me to sign the documents. Is this legal and do I have recourse? Is my supervisor even supposed to have that document? as it was not filed and it was turned down by the judge as well.

  • #2
    All the responders read all the employment law forums. It is not necessary to post the same question multiple times. I have deleted your duplicate posts.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      I'm not sure I follow who did what when, but it doesn't matter. If your former employer does not wish to hire you back, they do not have to. You can not red line a settlement. If you make your own edits, it is invalid. Both parties have to agree to the terms or it isn't enforceable. Not wanting to sign but doing so is not the same as signing under duress. If you want the settlement, you sign. If you aren't willling to abide by the terms, then you do not.

      Requiring a resignation and release is fairly standard when settling a WC claim. It is actually extremely rare to settle C & R without such a release.

      As your employer is a party to the agreement, of course they are permitted to have a copy, just as you are. It sounds like the manager is misinformed and did not realize you never signed a binding copy of the release, but that doesn't mean they can not have a copy nor that they must hire you back automatically.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment

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