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Release of claims document


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#1 raven7_7306

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Posted 14 November 2012 - 10:51 AM

I lost my job because of department restructuring. I am a 61 year old male and worked in the shipping and receiving dept. for 10 years. I have an open Labor and Industries (washington state) claim from a hand injury in April of 2012. I will be seeing a surgeon for consultation this week. The Separation Agreement that I must sign for Benefits has a "Release of all claims " clause. My case worker doesn't believe my case "should "be impacted by signing, but i need clarification on this clause. The agreement must be returned in 7 days from now.

#2 Guest_FindLaw_Amir_*

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Posted 14 November 2012 - 11:20 AM

Not sure what your legal issue is concerning. Could you please clarify?

#3 raven7_7306

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Posted 14 November 2012 - 12:36 PM

if I sign the Release of all claims against company, does that close the L&I claim? can I sign the agreement and still go ahead with treatment under L&I?

#4 adjusterjack

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Posted 15 November 2012 - 08:04 AM

I lost my job because of department restructuring. I am a 61 year old male and worked in the shipping and receiving dept. for 10 years. I have an open Labor and Industries (washington state) claim from a hand injury in April of 2012. I will be seeing a surgeon for consultation this week. The Separation Agreement that I must sign for Benefits has a "Release of all claims " clause. My case worker doesn't believe my case "should "be impacted by signing, but i need clarification on this clause. The agreement must be returned in 7 days from now.


By labor and industries claim I'm guessing you mean workers compensation.

Then, no, the release won't affect your claim because workers compensation benefits are statutory and you aren't allowed to waive them.

So, the next question is, what's in it for you if you sign the separation agreement?

Are you getting severance pay and/or other benefits?

Basically, you are being fired, canned, axed, terminated, shown the door, kicked under the bus, so there's no reason to sign anything unless you are getting something substantial in exchange for your signature.

By the way, you really need to consider the possibility of age discrimination. That's what I'd be concerned about before signing anything.

I'd be contacting the EEOC in a hurry.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 raven7_7306

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Posted 15 November 2012 - 09:22 AM

thank you for the answer to the workers comp. question. I am being offered a benefit of 3 months wages and 6 months of COBRA., which is more than I expected. There were only 2 men in my dept and I had less seniority than the other worker- by about 2 years. Seeing a surgeon today to assess the injury prognosis. Stuck between Employment Security and Labor and Industries to decide if i'm able to apply for work or get Permanent disablity.

#6 pg1067

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Posted 15 November 2012 - 12:23 PM

Hold on there. There is no way that anyone on an Internet message board can opine intelligently about the effect of a release document without actually reading it. Absent clear language to the contrary, I would assume that a "release of all claims" means all claims. I also disagree that workers' comp benefits cannot be waived because such benefits are statutory. While a prospective waiver might not be valid, a release of an existing claim certainly could be. You need to speak with a local employment law attorney.

#7 adjusterjack

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Posted 15 November 2012 - 08:11 PM

6 months of COBRA.,


I hope you mean that they are offering to pay your COBRA premiums for 6 months.

Federal law allows you to continue your medical benefits under COBRA for 18 months. You have to pay the premiums, though.

So make sure you are understanding what they are offering.

And, please, don't sign anything until you read and understand what you are signing and make sure they put two copies in front of you so you can take one with you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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