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10:58 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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Should I sign the enhanced agreement to my severence pay package?
Question: My company is going to Mexico. I have received my 60-day notice and my severance pay package. It includes a standard and enhanced agreement. To get the enhanced, you have to sign an agreement. What would keep me from signing the enhanced agreement? If I sign the enhanced agreement, it releases the company from being sued at a later time. The building was built in 1958. My concern is asbestos. They removed some walls and tile flooring a couple years ago. They advised us to talk to an attorney, and since I won't have a job, I can't afford an attorney. Thank you!

Answer: If you have any intention at all of suing your employer, do not sign the enhanced agreement. It almost certainly includes a release of all claims that would prevent you from suing them at any time in the future for claims that occurred before you sign the document.

It sounds like your claim may be for asbestos exposure, ie personal injury. To determine whether you have a claim for that exposure, you may want to contact a personal injury attorney. Personal injury attorneys often will provide an initial consultation free of charge. To find a personal injury attorney (if you do not know of one), we recommend that you contact the NC Lawyer's Referral Service at http://www.lawyersosi.org/north-carolina-lawyers-referral-service.htm or 1-800-662-7660. You probably should do this before you make a final decision regarding the enhanced severance. If you consult with a presonal injury attorney and it is determined that you do not have a good claim for asbestos exposure after all, then it may be worth it for you to sign the release and get the additional severance pay.

I hope this helps and good luck.
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