In Perez v. Uline, a California court of appeal allowed a plaintiff to pursue a claim for violation of the federal Uniformed Services Employment Reemployment Rights Acts even after he signed a severance agreement containing a general release. Upon return from military duty, Perez was laid off by Uline and accepted the offered severance in return for a general release. The court explained that USERRA does not permit employees to waive their rights (unless the waiver is supervised by a court or the federal Department of Labor). However, the court ruled that the release was valid as to the other claims arising out of Perez's employment, including his claims for defamation and overtime compensation.
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Employee's release does not extend to USERRA rights
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