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How to Protect Settlement Agreement

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whats going on fellow entrepreneurs its John fogger home again from defend my biz calm today I want to talk about settlement agreements so in labor claims at least in California labor of claims a lot of times they may not be valid claims it may be just some attorney sending you a demand letter and saying sent me money or Im gonna sue and believe it or not thats okay according to California law at least so I have clients that say I dont care what amount of money Im not paying this person a nickel well you know and things like that and I understand the anger and and and the hesitancy to to pay money that you dont owe however I always well first of all Ill do what you know whichever way the client wants to go Im Im you know Im willing to do that however I always suggest to the client that make this a business decision not a an emotional decision so for example if for as an example in one particular case I had a client that swears up and down that they didnt do anything wrong

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Can you change your mind after agreeing to a settlement?

A settlement agreement is a contract, and a contract can be renegotiated at any time before it is finalized and executed. If you have agreed to a specific settlement amount, but now you feel this amount is not enough, you can ask your employer to revise their offer.

What happens after you agree to a settlement?

After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.

Is an unsigned settlement agreement legally binding?

A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure 664.6. The court can enforce a settlement pursuant to Code of Civil Procedure 664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.

Should I accept a settlement agreement?

In my experience it is generally not a good idea to reject the offer of a settlement agreement without even trying to negotiate the terms first unless you make a counter-offer you wont know whether what you want to negotiate is achievable. Almost always try and negotiate the terms first.

What happens if you dont accept a settlement?

If you dont accept a settlement agreement, your case will proceed to the next steps. If you have already filed a lawsuit, this means that you might have more hearings and eventually go to trial. Keep in mind that there is a chance you could lose in court.

How do I make my settlement confidential?

Most employers will want to keep the terms of a settlement agreement confidential. To ensure this happens, confidentiality clauses can be built into a settlement agreement. These clauses stipulate that an employee cannot discuss the existence of the agreement or its terms.

What makes a settlement agreement void?

A signed settlement agreement is a powerful document requiring the demonstration of an extreme condition to render it null and void. If a party wishes to back out of the settlement, then they must prove the existence of fraud, duress, coercion, or unconscionability.

Can a settlement agreement be challenged?

Setting aside a settlement agreement concluded pre-issue Where the agreement has been entered into before proceedings have been issued, a claim will need to be brought seeking an order for a declaration of invalidity. Alternatively, any agreement can be set aside with the consent of all parties.

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