Retaliation - Did I truly waive my rights to file an EEOC complaint?

If I signed a separation agreement in Texas which I had to waive my rights to sue my employer or file an EEOC complaint, am I able to file an EEOC complaint for retaliation from my former employer? My performance was flawless but I filed a complaint to my corporate office against my boss who was verbally abusive throughout 2017 and was promised "protection". After other people came forward, the investigation proved to be in my favor; however, two months after that meeting, I was terminated.

Since my departure in November, events have further proved that it was retaliation and the person who was hired as my replacement was a friend of my VP's and male, making it an all male team. Did I truly waive my rights when I signed that letter?

1 answer  |  asked Dec 14, 2017 5:24 PM [EST]  |  applies to Texas

Answers (1)

Adam Kielich
A waiver of the right to file a charge of discrimination with the EEOC is generally unenforceable. However, if the EEOC declines to take up your case and file suit on your behalf then you have no further remedy. You cannot file suit on your own and the former employer is highly unlikely to give you more than what you already agreed to receive the severance.

posted by Adam Kielich  |  Dec 23, 2017 5:58 PM [EST]

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