In her latest article for The Legal Intelligencer entitled “Impact of Compromise and Release Agreements in Wake of ‘Zuber’,” Attorney Erica Shikunov discusses an employee’s right to bring other claims against an employer after settling their workers’ compensation case.
Erica’s article highlights the case of Zuber v. Boscov’s, where Claimant Craig Zuber suffered a work related injury and later settled his case by signing a “Compromise and Release Agreement.” Zuber then initiated a new case centered on FMLA violations and retaliatory termination.
“The Zuber case confirms that an Employer cannot prevent a Claimant in a workers’ compensation case from pursuing additional litigation pertaining to ancillary employment law issues simply by entering into a Compromise and Release Agreement,” Erica notes in her article.
“Given the amount of rights a Claimant is asked to give up when signing a General Release and the financial duress they are under when asked to sign the document, the fact that adequate consideration is not typically offered would already make it difficult for the document to withstand a court’s scrutiny,” Erica explains.
To read the full article, click here.