Defamation suit after w/c settlement?

[MK1]

What is the name of your state (only U.S. law)? Georgia

My husband's former employer (who encouraged him to file a w/c suit, then stopped calling him for work after he did) has been spreading lies about the circumstances of his injury in an effort to (we can only speculate) protect himself from losing his insurance.

The settlement papers that we received today sign away my husband's rights to sue for defamation. The "General Release" that he's been sent says that he will release and forever discharge the company (the boss is a sole propietor, I believe - there is no corporation that I can fine) and its officers, employees, etc from "any and all actions..." based on "any acts...occurring prior to and/or up until the date of signing" related to the employment or termination (but not limited to) and it specifically mentions libel and slander.

Think there's any way to get that REMOVED from the release? We're really p.o.'d at the way this former friend handled this suit (he literally begged my husband to avail himself of the insurance he had then, when it was clear that his ins. company wasn't happy, he started treating my husband like absolute sh*t,) and is lying that the injury didn't occur on the job. We'd really like to hold him personally responsible for his behavior.

Opinions?

Thanks

[cbg]

My opinion is that only an attorney in your state who has read all the appropriate documentation can give anything more than a guess as to the likelihood of having the clause removed, and our guesses are not binding on the employer.

[bamboozled]

Originally Posted by MK1

What is the name of your state (only U.S. law)? Georgia

My husband's former employer (who encouraged him to file a w/c suit, then stopped calling him for work after he did) has been spreading lies about the circumstances of his injury in an effort to (we can only speculate) protect himself from losing his insurance.

The settlement papers that we received today sign away my husband's rights to sue for defamation. The "General Release" that he's been sent says that he will release and forever discharge the company (the boss is a sole propietor, I believe - there is no corporation that I can fine) and its officers, employees, etc from "any and all actions..." based on "any acts...occurring prior to and/or up until the date of signing" related to the employment or termination (but not limited to) and it specifically mentions libel and slander.

Think there's any way to get that REMOVED from the release? We're really p.o.'d at the way this former friend handled this suit (he literally begged my husband to avail himself of the insurance he had then, when it was clear that his ins. company wasn't happy, he started treating my husband like absolute sh*t,) and is lying that the injury didn't occur on the job. We'd really like to hold him personally responsible for his behavior.

Opinions?

Thanks

Draw a line through the part you do not agree to, initial it and then sign and date it, and make a copy for your file. People who file comp claims are depicted as "those with an axe to grind". It is what you must do if you are injured @ your job. Keep your chin up and stand firm. They will no doubt ever give you a good reccommendation, and WC comes up on background checks as well~

[Stevef]

Originally Posted by MK1

"any acts...occurring prior to and/or up until the date of signing" related to the employment or termination (but not limited to) and it specifically mentions libel and slander.

It seems to me that if/when the document is signed, former boss better shut his mouth. The part you quoted does not seem to apply to defamation that takes place after the date of signing.

[bamboozled]

Originally Posted by Stevef

It seems to me that if/when the document is signed, former boss better shut his mouth. The part you quoted does not seem to apply to defamation that takes place after the date of signing.

That is the part that is vague..."not limited too".....Steve sounds right and he is a head honcho here....words like "may" and "not limited too" are open to interpretation....and not necessarily in your favor~