liability release (odd circumstance)

[jonnyg]

What is the name of your state?CALIFORNIA

a teacher was laid off from a public charter school (non-union; at-will employment) in mid-november. that teacher opted to accept a modest severance package (1 mo. pay) in exchange for signing a boilerplate liability release.

in january, the teacher learns that the meeting at which the school's board voted to lay him off violated california's public meeting laws. therefore, any action taken at the illegally held meeting is null and void. in other words, the lay off, legally, never happened. (none of the above is disputed.)

so if the lay off legally never took place, what is the effect of the liability release? does is bar the teacher from seeking back-pay, etc.? or, is it null and void, being contingent on actual termination of employment?

i guess it boils down to -- under what limited circumstances is a liability release void?

thanks for any help.

jon

 

[Gadfly]

Has the board since had a legal meeting to reapprove the actions taken at the illegal meeging?

 

[jonnyg]

Has the board since had a legal meeting to reapprove the actions taken at the illegal meeging?

the school's board has not yet even formally rescinded the illegal dismissal. but it does plan to do that soon, and then, presumably, properly reapprove the lay off.