California  |  Employment Law

Legal Question

Asked on: 5/25/13, 12:36 am

Can I Sue for Overtime after Signing Separation/Release Agreement?

I was asked to resign from my recent employer. I was offered 3 weeks severance pay. I feel I have been incorrectly classified as an exempt employee and therefore am owed overtime (equivalent to more than 3 weeks of pay). I heard that by signing the separation/release agreement, I am only waiving my ability to sue in California court, not Federal court. So in essence, I can still sign the agreement, get the 3 weeks of severance, and sue for overtime. Is this true?

Actual agreement looks like it was copied and pasted from here:

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