I I signed paperwork that I was “not” to sue a company to recieve my severance.Since then I have been informed I was “set up” Can I still sue?

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I I signed paperwork that I was “not” to sue a company to recieve my severance.Since then I have been informed I was “set up” Can I still sue?

Asked on May 12, 2009 under Business Law, South Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you signed was a contract, and ordinarily a contract not to sue someone is legal and enforceable.  Unless you had an employment contract or were working under a union contract (or "collective bargaining agreement'), you probably had no legal right to severance pay, so you got something of value in return for your promise not to sue, which matters.

There are a lot of things that you could mean by having been "set up," and exactly what that is in this case, and how much of that you could prove in court, might make a very big difference.  A contract that is obtained by fraud can be broken, in some cases and sometimes under conditions.  You mght want to talk about the whole situation in detail with an attorney in your area who practices labor and employment law.  One place to find qualified lawyers is our website, http://attorneypages.com


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