A general release is just that

"Quite simply, full means full and any means any."

That's a federal judge explaining to a plaintiff the meaning of a general release.

Jackilyn Bunnell sued William Beaumont Hospital for pregnancy discrimination and FMLA interference. She lost on summary judgment, won a partial reversal at the Sixth Circuit, and on remand sat down for a settlement conference with Judge Brandy McMillion. After hours of negotiation, the parties reached a deal that included a full release of all claims.

Then the deal started to move.

First she wanted a structured settlement. The court reminded her that was never a term. Next she wanted the release narrowed to employment claims, so she could carve out possible medical malpractice claims involving her minor child. Then came still more asks: 21 additional names in the non-disparagement clause, a different job title in her separation letter, and a third-party number for employment verification.

The court said no to all of it. She had to sign the settlement agreement by a date certain or risk contempt. Her lawyers, who said they couldn't ethically pursue her position, were allowed to withdraw, with their fees protected.

The timing here is what matters. The malpractice and other concerns never came up during negotiations. They surfaced only after the structured settlement idea died. That wasn't negotiated either.

For employers, the lesson is that the scope of the release is a material term. Settle it in the room. Put "full release of all claims" in the term sheet and get signatures before anyone leaves the conference. You won't always have a judge who sat through the whole negotiation and remembers every word. "He said/she said" motions to enforce settlements are messy, expensive, and uncertain.

If you're paying for a general release, make sure you get one, and make sure the other side understands it before they sign. A general release is just that: general.