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Feb. 27, 2026

Rescinding a release: Is payback necessary?

A new Court of Appeal decision confronts a first-impression question: What obligations remain when a class-action release is rescinded after settlement funds have already been paid?

Barry M. Appell

Neutral
Alternative Resolution Centers

Barry Appell is a neutral with Alternative Resolution Centers who has represented both employers and employees. As a mediator, he has helped resolve employment law disputes involving harassment and discrimination, failure to accommodate, retaliation, leave laws, wrongful termination, wage and hour, PAGA, class actions, employment contracts, unfair competition, and privacy claims, as well as personal injury, tort and contract claims.

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Rescinding a release: Is payback necessary?
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An employer learns that workers are considering legal action against it. They were allegedly underpaid, deprived of compliant meal or rest periods, exposed to unsafe conditions, or otherwise not treated in accordance with applicable laws.

When the matter involves one or two employees, t...

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