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Can I challenge a litigation waiver after a wrongful termination?
If you face a wrongful termination after signing a waiver against suing your employer, you may feel as though you are out of options. However, litigation waivers are often not ironclad agreements, and a skillful attorney may be able to identify weaknesses in the agreement or ways that your employer behaved that invalidate the waiver.
In order to challenge a waiver, you will want to identify a few common problem areas in the agreement. First, were you properly aware of the agreement when you signed it? If the waiver was unclear or poorly constructed, it is possible that it will not hold up in court. Similarly, if you were aware of the nature of the agreement, but were discouraged or prevented from consulting with an attorney before signing the agreement, or if you had insufficient time to consider the terms of the agreement, you may have some wiggle room.
Of course, anytime you sign on the dotted line, getting around that signature can be tricky; however, it is often possible. In general, an agreement can be challenged if it does not fall within the bounds of the law, so if there is some aspect of your employment or discharge that was illegal, you should certainly consult with an experienced attorney who can help you identify how you may have legal legs to stand on in opposing your litigation waiver after a wrongful termination.
It is not possible to know whether an agreement may be successfully challenged without examining the exact agreement and the circumstances surrounding your termination. With proper legal counsel, you can explore all of your legal options for justice, while keeping your rights secure.
Source: The Zoldan Law Group PLLC, “Wrongful Termination,” accessed April 14, 2017