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resignation agreement violated

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S

Syl

Guest
What is the name of your state? New York
My husband resigned from his job (option was resign or be fired).He and his former employer signed an agreement containing a stipulation that reads;Withdrawal of Charges-In exchange for the resignation of the employee and release contained below, the district agrees to withdraw with prejudice the disciplinary charges dated 8/1/02.The charges and any documents relating thereto shall be removed from the employees personnel file.This agreement also contains a binder and full agreement of both parties. Since my husband signed this agreement he has been denied employment by several potential employers.These employers upon requesting work references from his former employer received information from them detailing why he was forced to resign.This seems to be a violation of the signed agreement.What steps should my husband take against his former employer, and does he have the right to sue them?
Thank you.
 


Beth3

Senior Member
Your husband needs to show this agreement to an attorney who needs to review the EXACT wording of the entire document. Only a qualified attorney practicing in NYS can advise you. Whether or not a stipulation that the disciplinary records would be removed from his file can be interpreted to mean that this information would not be disclosed when contacted for a reference is unknown. I have no idea whether this is applicable in your huband's situation but in some circumstances, an employer may have legal liabilty from another employer for not revealing certain misconduct information about a former employee.
 

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