Settlement/Serious Concerns About Agreement

[Netta]

Ohio Here,

Hi Everyone,

I had R and L foot injuries July, 2008. I spent all of 2009 in Industrial Court Hearings. I had a claim for TTD on my R foot and PPD on my L foot. IC awarded me damages/medical/physical therapy on both feet. My last IC hearing was Aug 2009.

I received settlement papers from my attorney to sign today. After reading them, I flipped out. I have some serious concerns about what the company wants me to agree to.

1. No future medical ( I don't have a problem with that) I am glad to get rid of this problem, and I can live with some pain.

2. Termination Of Employment and that I agree to never apply at any of their companies, parents, subsidiaries, or divisions.

First of all I was grandfathered over from one Temporary service to another Temporary Company, because the client wanted me to keep working for them, I worked Temporary with another Company for almost 2 yrs before being Grandfathered over. When asked to do this I did not fill out an employment application. 6 months after the injury on the job, I was not healing so my doctor removed me from work to heal for 8 weeks. When my doctor released me back into the work force, I was informed the assignment had ended. I continue calling and emailing the Temporary Service for work, and they would not return my calls. So I filed for unemployment and was awarded it. The Temp did not fight it, I showed proof that I tried contacting them for work Now they want me to agreed that I was terminated, as part of the settlement agreement

2. They want me to release the company from filing any type of complaint against anyone working for their company.

3. They want me to sign a release that I won't file an age discrimination suit against them.

I am confused, How can they terminate me and I haven't work for them since Nov 2008? Only thing I am willing to agreed to regarding the settlement is no medical.

Please my friends, I need some guidance. I am not sure about my attorney. What is all this other stuff doing in the settlement paper work. Is it normal for them to ask for all the above?

Thank you

[1171]

i don't you can waive your legal rights- I don't believe it's enforceable.
if you are an employee you can file another claim. the settlement is not worth much to them if another claim pops up--that why they want a termination.

[Netta]

Hi 1171,

Thank you so much for your response. The company wants me to waive all legal rights to any future claims. So they are trying to fire me through the settlement offer? I didn't do anything to be terminated for, but injured myself. I am on unemployment, and that could cause problems . Is it legal for them to put something like that in writing? I don't know if I can do that. Can my attorney write something up saying "I will not seek future employment opportunities with your company ", ect"?

[inpainokla]

that just happened to me in the settlement agreement they offered 5000 dollars for me to resign and not file for unemployment i didnt understand it either but the settlements high enough to where i have time to find another job so im ok with it..good luck to you

[1171]

you don't have to take the settlement offer; you can try to maintain your employment with them and take the court ordered benefits.

[Netta]

In order to terminate someone there has to be just cause to do so, what is their reasoning, because I injured myself? I can't but feel that my rights are being violated in some sort of way, especially when there was a long drawn out paragraph about age discrimination and wanting me to sign away my rights on that too.

I will be contacting the Civil Rights Commission this morning to discuss it. So now that I think about it, I can't even resign, because unemployment has rules about being fired or resigning. How do I know they won't use this settlement offer against me.

Right now, I don't even know if the amount of their settlement offer is worth giving up all my rights. I can't help but feel by signing the settlement agreement I am admitting to some sort of wrong doing.

During the IC hearing last year the company attorney tried telling the IC Hearing Officer that I quit. My attorney produced paper work proving that my doctor removed me to heal, for the first and second hearing their attorney would bring this topic up that I just quit. Each time the IC Hearing Officer ruled in my favor. When I applied for unemployment their company didn't even fight it. I would not have gotten unemployment if I resigned or was fired. Now it is showing up in the settlement agreement again for me to let them terminate me. Because I am confused and think they are trying to trick me, and my attorney is not looking out for my best interest, I am passing on their settlement offer, it is not worth the headache.

Thank you all for your advice. If anyone else has anymore advice I certainly would like to hear it.