Can I still sue if I signed a release?
Asked by: Marshall Gerhold V | Last update: October 5, 2025Score: 5/5 (27 votes)
Once you sign a release agreement, you will be prevented from filing further claims for any injuries, whether known or unknown. Our veteran attorneys have witnessed far too many victims who do not realize the overall extent of their injuries before signing releases.
Can you sue after signing a release of liability?
There may be some exceptions that would allow you to sue after signing a waiver of liability. However, an attorney needs to review each incident on a case-by-case basis.
Can you still sue after signing a severance package?
Indeed, there are some cases where the release of claims in a severance agreement might not stop you from suing. For example, if the agreement was signed under duress—such as if you were pressured to sign that agreement under unfair conditions—it might not be enforceable.
What does signing a release mean?
In short, a release is a legal document that you sign when you agree to settle a claim against someone else. For example, if you were in an automobile collision that was the result of another driver, you have a claim against them. You have a legal right to sue that person unless you sign a release.
Can I sue my employer after signing a settlement agreement?
You waive only claims which have occurred up through the date you sign either a separation agreement or settlement agreement. You can still bring a lawsuit concerning any conduct or actions which your employer takes against you after that date.
S2 E4: Can I still sue my employer if I signed a release already?
Can I change my mind after signing a settlement agreement?
Can I change my mind after signing a settlement? It's extremely tough to overturn a signed settlement agreement. Courts stick to these agreements unless there's clear fraud, pressure, or serious misrepresentation. That's why we always suggest having a professional review before you sign anything.
Can an employer sue an employee after termination?
Sometimes this is done in retaliation, such as if the employee feels he or she did not get severance pay or other compensation they expected. However, these actions are illegal and can be considered misappropriation or theft, and may be grounds for the employer to sue the former employee.
Is a release the same as a settlement?
When you accept a settlement offer, you must sign a release before receiving the agreed-upon funds. The release, which is legally binding, contains the terms to which you must adhere before getting your compensation and means the claim is closed and you cannot pursue it further.
Is a release considered a contract?
A release is usually considered a type of contract (POL Search), typically appearing as a settlement agreement (Court Opinions), and thus should meet the required elements of a contract.
When a release form must be signed?
Specific instances of when a HIPAA medical release form (medical records release authorization form) is required include: Prior to any disclosure of PHI to a third party for any reason other than treatment, payment, or healthcare operations. Prior to disclosing PHI that may be used in marketing or fundraising efforts.
Can you change your mind after signing severance agreement?
Another critical aspect of severance agreements in California is the revocation period. For employees aged 40 and above, federal law mandates a 7-day revocation period after signing the contract. This means you have a week to change your mind after signing, providing additional protection.
Do severance agreements hold up in court?
In California, severance agreements are legally binding contracts. Depending on how the agreement is structured, signing it may not always be in your best interests. Learn what to consider before signing your severance package and how a California employment law attorney can help you protect your rights.
What voids a severance agreement?
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.
Is a release form legally binding?
Electronic release forms are usually considered binding legal documents as long as they are electronically signed and dated. No release form can protect you against “gross negligence,” which is failing to take reasonable actions and provide reasonable protections against known dangers or dangerous conditions.
Can a lawsuit be reopened after settlement?
Usually, you cannot reopen a case after a settlement agreement unless certain exceptions apply to your case.
Do waivers really protect you?
A liability waiver protects California businesses and organizations from some lawsuits. But when they engage in “gross negligence” or “recklessness” and you get hurt, they can still be held legally accountable.
What makes a release invalid?
The California Court of Appeals in Jimenez v. 24 Hours Fitness USA, Inc. , laid out the principle that a release is invalid when it is procured by misrepresentation , overreaching, deception , or fraud . Jurisdictions may require additional features from a release provision to find it valid.
How do I invalidate a release?
A plaintiff seeking to invalidate a release due to fraudulent inducement must “establish the basic elements of fraud, namely a representation of material fact, the falsity of that representation, knowledge by the party who made the representation that it was false when made, justifiable reliance by the plaintiff, and ...
What is the difference between release and termination?
Termination may end the contract, but it does not release the parties from liability (i.e. they still may sue each other). On the other hand, a release not only terminates the contract, but releases each party from any and all liability.
Does a release have to be signed?
While technically only the person releasing the lawsuit needs to sign, all parties should sign the document to demonstrate their acknowledgment and acceptance of the terms.
What makes a settlement legally binding?
A settlement agreement is always in writing, and both parties must agree to the provisions in the settlement agreement. Also, both parties must sign the settlement agreement for it to be legally binding. A settlement agreement will resolve a civil lawsuit.
What is a release form in a lawsuit?
The purpose of a personal injury release form
The release is often drafted by the defendant's insurance company and is written to protect its interests – not yours. It's critical to have your own California personal injury attorney review any release that the other party wants you to sign.
Can you sue on a terminated contract?
The terms of the contract might also determine what happens after the contract is terminated. In the absence of language in the contract that states what will happen if the contract is terminated, the parties have the option to seek a legal remedy for any breach.
Is it hard for an employer to sue an employee?
employer lawsuits are incredibly complex. Every state has its own rules regarding vicarious liability, non-compete, and non-disclosure. Thus, going after a current or former employee is challenging.
Can a company take you back after termination?
Yes, you can get rehired after being terminated. It's not a myth. It's not a fairy tale. It's a reality.