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Employment Seperation Agreement Texas

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  • Employment Seperation Agreement Texas

    Recently got laid off and was given an employment severance agreement.
    In the state of Texas, can an employment seperation agreement release current claims under worker's compensation law ?

    Thanks.

  • #2
    I don't think so, but you should definitely have it reviewed by an attorney.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      searching all over the net and found this

      hxxp://law.onecle.com/texas/labor/408.005.00.html (replace x with t)

      408.005. SETTLEMENTS AND AGREEMENTS. (a) A settlement
      may not provide for payment of benefits in a lump sum except as
      provided by Section 408.128.
      (b) An employee's right to medical benefits as provided by
      Section 408.021 may not be limited or terminated.
      (c) A settlement or agreement resolving an issue of
      impairment:
      (1) may not be made before the employee reaches
      maximum medical improvement; and
      (2) must adopt an impairment rating using the
      impairment rating guidelines described by Section 408.124.
      (d) A settlement must be signed by the commissioner and all
      parties to the dispute.
      (e) The commissioner shall approve a settlement if the
      commissioner is satisfied that:
      (1) the settlement accurately reflects the agreement
      between the parties;
      (2) the settlement reflects adherence to all
      appropriate provisions of law and the policies of the division; and
      (3) under the law and facts, the settlement is in the
      best interest of the claimant.
      (f) A settlement that is not approved or rejected before the
      16th day after the date the settlement is submitted to the
      commissioner is considered to be approved by the commissioner on
      that date.
      (g) A settlement takes effect on the date it is approved by
      the commissioner.
      (h) A party to a settlement may withdraw acceptance of the
      settlement at any time before its effective date.


      is this sufficient ?? Thanks

      Comment


      • #4
        Is that from the Labor Code or the Worker's Comp law?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          it is labor code

          Comment


          • #6
            If you have an open work comp case, you should have an attorney. Hopefully, your WC attorney also has some knowledge of employment law. I am not an attorney and I would not presume to give you further advice in detail, other than you need to speak with an attorney.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

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