Legal Question in Environmental Law in New Mexico

Release Agreement

I was recently terminated and refused to sign a release agreement. My severance agreement was not contingent upon me signing a release agreement. My employer now has refused to pay my severance. First, is this extortion? Second, will I prevail in a court of law?


Asked on 5/24/09, 9:13 am

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Re: Release Agreement

It depends on your employment contract. Unless you have a contract that says you cannot be terminated or that you can be terminated only for "cause," then you are what is called at "at will" employee and can be fired at any time and for any reason other than one that is prohibited by law, such a discrimination on the basis of race, national origin, or gender.

If you had an employment contract that required "cause" for firing you, and you did nothing amounting to "cause," then you may have a lawsuit against your employer for breach of contract.

Are you saying that you also have a written severance agreement, signed by your employer, that calls for you to receive payments upon termination? If your employer is not paying the specified amounts, then you have another breach of contract lawsuit against your employer.

Your chances in court depends primarily on the language in each of the agreements.

No, breaching an employment contract is not extortion.

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Answered on 5/25/09, 4:30 am


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