When wrapping up a suit against a former employer and finally reaching a settlement, it’s often tempting to simply sign whatever they put in front of you so that you can move on with your life. While the release will settle the matter at-hand, it’s important that you proceed with caution, and with the advice of your Toronto employment lawyer, before committing to a release.
Born v Regis Corporation: A Cautionary Tale
In the 2015 case of Born v Regis Corporation, an employee had signed a release as a part of a wrongful dismissal settlement. Several months later, however, the employee discovered that she had actually been entitled to further compensation to recoup expenses incurred while she was working there.
While the agreement she had signed released the employer from all further claims, she had, at the time of signing, been unaware that she was still owed money, and so she filed to overturn the release to pursue recompense for the outstanding amount.
The problem, however, was that the agreement shielded the employer from all further claims that the employee “had, now had, or hereinafter may have” against them. In spite of the employee’s claims that the signing was rushed, a tribunal upheld the release, and the employer was not required to pay the outstanding amount.
The Moral: Don’t Sign Any Release Without Certainty, And A Toronto Employment Lawyer Present.
While a law suit can often be a lengthy, stressful process, the resulting settlement and release are legally binding and very seldom overturned. Before signing, it is extremely important to make sure that you and your employment lawyer have both given the final agreement, and any potential outstanding issues, a generous amount of thought and consideration.
If you’re thinking of pursuing a wrongful dismissal case and you need a Toronto employment lawyer, give us a call or book an appointment. If you have any questions about employment law, or any other type of law, please feel free to submit a question through our Ask A Lawyer.