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If I signed a termination agreement under duress and was NOT given time to have a lawyer review, do i have a case?

Legal Separation and Divorce 9 views 4 answers
Separation Agreement was signed under duress and was not given time to review or understand what I was signing. When reviewing the agreement, I notice a section specifically for "Time to Consider Agreement" that states that I was advised in writing to consult with an attorney and had time to consult and review the agreement with an attorney. I NEVER received in writing or even told verbally that I had time to consult an attorney. I was called away from my desk, told I was being fired "for a publication I was in that the company could not be associated with." I was told to sign this termination agreement and security walked me out

Attorney Answers

4
Erik Hammarlund ·
You may well be able to challenge the agreement, but you should do so immediately. I'm not sure what "case" you might otherwise have. Contact an attorney ASAP.
0 upvotes
Lauren Redmond ·
Contact an employment attorney or a contract attorney to review the document. There are several on . As my colleague pointed out, you should do so right away. There are time limits on filing a civil case (statute of limitations) that could pass while you are idle.
0 upvotes
Robert Mccurry ·
You may have a case to void the separation agreement and pursue whatever claims you may have against the company if any. You need to consult with an attorney to determine what the claims may be and whether your payment received under the separation is more than you would receive if you prevailed on your claims. If your wish to void the agreement, you should be prepared to repay any separation benefits received. Generally, you cannot retain benefits of a contract and seek to void the contract. Bottom line, seek legal advice immediately if you desire to pursue potential claims.
0 upvotes
Stephen Karpf ·
You need to consult an attorney familiar with both employment and contract law. Be sure to bring to them the termination agreement and any employment contracts or agreements from prior to the termination. As other counsel noted, depending on when this occurred, you may find yourself losing the ability to file suit if the statute of limitations runs out. Do not delay.
0 upvotes

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