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Aug 6th, 2022
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How to Work in construction in the Settlement Agreement

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[Music] afternoon all so um hopefully you all have um access to my handout which uh contains references uh to to the cases that im going to be referring to and uh gives um uh some of the main passages um in in each of the main decisions so settlement agreements now of course um settlement agreements are subject to the same rules as other contracts both in relation to their construction and their enforceability however they are contracts with special features and those features inform how the ordinary law of contract applies to them today im going to be discussing how four aspects of the law of contract apply to settlement agreements those aspects are first construction second unconscionability third rescission for misrepresentation and fourth economic duress now it may be um odd uh to be discussing with commercial lawyers uh the concepts of unconscionability and duress but as i will explain uh those doctrines um have um played quite docHubly in some of the modern case law in att

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Can an employee request a Settlement Agreement? Whilst employers are often the ones to offer Settlement Agreements to an employee, it is possible to request one from your employer. You may want to do this in a situation where the employee feels like they are being managed out of the workplace.
In most situations, the existence of a Settlement Agreement will not have a great deal of impact on you getting another job. However, some agreements may contain restrictive covenants, that prevent you from working from someone else for an agreed period of time.
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.
A settlement agreement and mutual release is a contract where both parties agree to settle the dispute and release each other from all future claims, even claims that arent yet known at the time of signing.
Termination Date: This will set out when your employment has ended, or will end. This may be many months away, or very frequently, the proposed date is only a few days away from when you have been presented with the agreement (or the date may have already passed).
A settlement agreement records the terms of a compromise which has been agreed between the parties to a dispute. It is a useful tool to conclude a dispute, set clear obligations for everyone involved and reduce the risk of future disputes and litigation arising between the parties.
In most circumstances, the existence of a settlement agreement alone will not hinder your ability to secure another job. However, some agreements may contain restrictions that prevent you from working for another employer for an agreed period of time.
Yes, once all the necessary written concurrences are obtained, a settlement agreement is binding on both parties.

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