Wrongful Termination Lawsuit; Employer Wants Me to Sign Release

[MDW2009]

Hi everyone,

I've got a question I could use some help with. My employer asked for my resignation today due to a complaint that I filed with the state DEQ and OSHA concerning a safety violation. The employer was in violation of OSHA standards and was issued a citation, and as a result, they claim that they can no longer "trust me" since I went behind their backs to file the complaint.

Here is my question:

My contract with this employer expires on April 30th of this year. I did not expect it to be renewed. The employer is offering to pay off the remainder of the contract if I sign a release form giving up my rights to pursue further action. I am wondering whether I should sign the release and accept their offer, or if I should pursue a wrongful termination suit. I believe I would win the case if I did decide to file the lawsuit, as this is a clear violation of whistleblower policy and the employer admitted today that they were pleased with my work and that the complaint(s) was the reason I was being asked to resign or "be peacefully released from the contract."

How much could I potentially sue for in a wrongful termination suit? Would it be possible to sue for more than the amount of my contract? This would be the only reason I would file the lawsuit - if I thought that I could get more than by accepting their proposal to pay off the contract. I do not want the job back and am not interested in pursuing an OSHA investigation to have my job reinstated. Please let me know what options I might have.

Thanks,
Michael

 

[cbg]

These are questions that cannot and should not be answered by anyone but an attorney in your state who can elicite details that you should not post on an internet board. The attorney can also read the agreement (which we cannot do) and determine whether or not it is in your best interest, or if it is even enforceable.

 

[commentator]

This sounds much more like a contract law issue, not an employment law issue, since the sense I'm getting of this is that you are a contractor, not an employee. Is this the case?

 

[MDW2009]

Commentator, I receive a bi-weekly paycheck from the company with taxes withheld, but I work on a contract basis. I believe the contract does list me as an "independent contractor." The current contract is set to expire in April, and I do not/did not expect it to be renewed after that date.

 

[MDW2009]

CBG, I'm trying to set up an appointment with a local attorney before tomorrow (when they want me to sign the agreement); I'm just looking for some general guidelines as to whether this sounds fishy or not.

Here's a general question: if I were to file for wrongful termination, would it be possible to sue for more than the amount of the contract? That's really my underlying question.

 

[cbg]

You can sue for any amount you want. But filing a lawsuit is not prevailing.

We REALLY cannot give you the answers you want based on the information we have available.

 

[cyjeff]

Until you talk to an attorney, do not sign a thing. Do not quit. Do not hint that you like/dislike the offer.

Do not come in late. Do not leave early. Do not take a long lunch.

Do NOTHING that can be construed as a reason to fire you.

 

[pattytx]

If taxes are being withheld, you are an employee, not an IC.