As an experienced White Plains Employment Attorney I am often asked about the Release of Claim form. Often times we receive calls from clients who have or potential clients who have actually filed lawsuits in court without the assistance of an attorney. We refer to those as pro say, they represent themselves, sometimes they find themselves in the midst of litigation and they don’t know what the next step should be, they don’t know how to handle a particular inquiry or even perhaps a settlement. Often times we get calls from these clients again in the midst of litigation and we have very little knowledge about what has happened thus far. What we need to do at that point is get fully familiar with the facts and circumstances of your case and what’s happened during the life of the case and where the case stands as is. When clients are faced with settlements in pro say actions, is when we receive a majority of these calls. The reason is they have forwarded a legal document, which is basically a contract between themselves and the party they are suing and that could involve an employer, supervisors, and individuals as well. The court usually provides that in order to receive some monetary payment or some form of remuneration in the form of a benefits continuation or whatever the benefits might involve. The employee is required to release all claims against the employer, not just claims that are brought in the actual litigation but all possible claims that the employee could have against the employer.
A lot of times these contracts have terms in them that the employee may be uncomfortable with. For example, an agreement that the employee will never again seek employment with that particular employer or any of its affiliates or subsidiaries. There may be non-disparagement clauses or confidentiality provisions that are included in these agreements.
Do you have questions about a release of claim form? If so, contact the experienced White Plains Employment Attorney Kim Berg.
This informational blog post was provided by Kim Berg, an experienced White Plains, New York Employment Attorney.