I just received a severance package to release any and all claims to sue, does that mean I am giving up my rights to defend myself in case I am charged with any false accusations?

Worked as a caregiver for a client several
years and now that a new conservator has
taken over the client, I am being offered a
severance package along with my termination.
Due to financial reasons, I do not believe I
have any options other than to accept the
package however I do not want to waive all my
rights away in case I am wrongfully charged or
sued after they pay me.

Asked on May 12, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would be giving up those rights--and only those rights--which the terms of the severnace agreement specifically say you are giving up. A severance agreement is a contract; and like any other contract, it is enforced according to its plain terms. So the key is to simply read the agreement carefully, and if you are not comfortable with it, don't sign it--not until it's been revised so you are only giving up those rights you are willing to give up.

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