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  • Settlement Agreement California

    Hi-I am about to sign a settlement agreement with my employer however, I do not wish to see the raw end of the deal-What should I be careful about? I post on craigslist and tried to find a lawyer to review it for a small fee to no avail. (what will a reasonable fee be)?
    Thank you all
    JD

  • #2
    Did the employer pay you all of your overtime, interest, and penalties?
    Walter

    www.California-Labor-Law-Attorney.com
    "Wage and Hour Class Action Attorneys"

    Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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    • #3
      Are you being laid off for lack of work? Getting fired? "Resigning" under less than favorable circumstances? What exactly are you concerned about?

      You can contact the Lawyer's Referral Service of your nearest chapter of the American Bar Assoc. They can refer you to an attorney where you can get a brief consultation with an attorney for a reasonable fee.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Settlement agreement...

        My employer paid all OV not the break and meal times. I filed for retaliation and have a case of sexual harassment against them as well-They agreed to settle for a sum I think is fair enough as I wish to leave that job as soon as possible-Another question: Is an e-mail their lawyer sent to me stating:
        "******will agree to make your last day of employment the date of its notification of your receipt of the fully executed copy of the Settlement Agreement and the Settlement Sum." ....legally enforceable?
        Which part of the agreement I should be wary of?
        Merci-Dajol

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        • #5
          Settlement agreements can contain many terms that are simply negotiating points. You can agree or disagree. Determining a last day of employment is likely one of those. As long as terms and conditions do not violate public policy or statute they can stand. To be sure, talk to an attorney (NOT my office..in case some are wondering)
          Walter

          www.California-Labor-Law-Attorney.com
          "Wage and Hour Class Action Attorneys"

          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

          Comment


          • #6
            Originally posted by dajol View Post
            My employer paid all OV not the break and meal times. I filed for retaliation and have a case of sexual harassment against them as well-They agreed to settle for a sum I think is fair enough as I wish to leave that job as soon as possible-Another question: Is an e-mail their lawyer sent to me stating:
            "******will agree to make your last day of employment the date of its notification of your receipt of the fully executed copy of the Settlement Agreement and the Settlement Sum." ....legally enforceable?
            Which part of the agreement I should be wary of?
            Merci-Dajol

            See, now that's information that your attorney will need to know. Get one.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Settlement agreement...

              Hello-Thank you all.

              My question was; their attorney agreed to a change (through replying by e-mail), is it enforceable, meaning; If I sign the agreement, would the new change by e-mail be legal?
              Merci

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              • #8
                Originally posted by dajol View Post
                Hello-Thank you all.

                My question was; their attorney agreed to a change (through replying by e-mail), is it enforceable, meaning; If I sign the agreement, would the new change by e-mail be legal?
                Merci
                The provisions in the agreement are as they are in it when you sign it. If the company has agreed to a change, then they will amend the agreement before sending it to you/your attorney. If they don't then don't sign.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Settlement agreement...

                  Merci, you're so kind...

                  How could I turn the sentence below for me to resign only when I get the settlement's check in full?

                  Re:
                  "agrees to make your last day of employment the date of its notification of your receipt of the fully executed copy of the Settlement Agreement and the Settlement Sum."

                  Sorry to bother you with all of this....

                  Comment


                  • #10
                    settlement

                    Originally posted by dajol View Post
                    Hi-I am about to sign a settlement agreement with my employer however, I do not wish to see the raw end of the deal-What should I be careful about? I post on craigslist and tried to find a lawyer to review it for a small fee to no avail. (what will a reasonable fee be)?
                    Thank you all
                    JD
                    I'd go to a lawyer you can see in person and pay the lawyer. To read something will not cost you that much. Better safe than sorry.

                    Comment


                    • #11
                      Originally posted by dajol View Post
                      Merci, you're so kind...

                      How could I turn the sentence below for me to resign only when I get the settlement's check in full?

                      Re:
                      "agrees to make your last day of employment the date of its notification of your receipt of the fully executed copy of the Settlement Agreement and the Settlement Sum."

                      Sorry to bother you with all of this....
                      Dajol in essence that is what he is saying in the email when he refers to the Settlement Sum. Respond to the email and clarify that you agree that you will resign "only" when you get the settlement sum/check in full if it will make you feel better about it.

                      Silkwood makes a very good point in having an attorney review the documents in person "before" you accept the full and final settlement, least of all resign from your job.
                      Last edited by Kick Me; 05-25-2008, 09:08 PM.
                      Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

                      Comment


                      • #12
                        Settlement agreement...Help!

                        Hi-I have another question:
                        What's the legal window frame for my employer to pay me the settlement sum after I signed the settlement agreement? How long can they legally make me wait for?

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                        • #13
                          ?

                          Originally posted by dajol View Post
                          Hi-I have another question:
                          What's the legal window frame for my employer to pay me the settlement sum after I signed the settlement agreement? How long can they legally make me wait for?
                          Good question. I saw an ad on the web saying you don't have to wait for the money, we will give it to you right now, for a percentage I'm sure, just depends on how long you will wait, and how much time they have to give it to you.

                          Comment


                          • #14
                            Originally posted by dajol View Post
                            Hi-I have another question:
                            What's the legal window frame for my employer to pay me the settlement sum after I signed the settlement agreement? How long can they legally make me wait for?
                            It's due whenever the agreement says it's due. This is not a wage and hour issue.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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