If you signed a seperation agreement from a Corporation can you go back and sue? If yes, under what conditions? They get you to sign by offering you so many months of severence pay.......when do need the money the most.
2007-01-25 04:57:25 · 8 answers · asked by Business Man 1 in Business & Finance ➔ Small Business
Once you signed an agreement it is binding. If you try to sue the Corporation you could end up losing and having to not only pay your court fees but theirs too.
Not worth it.
2007-01-25 05:15:12 · answer #1 · answered by Angell 6 · 0⤊ 0⤋
When you signed the separation agreement you also accepted an agreed upon severence package. Therefore, the burden of 'consideration' was met by both parties; the employer and yourself. If you read your signed agreement, it probably contains the statement, "For ...... consideration", in one form or another.
Consideration may be interpreted as each of the parties receiving something for entering into the agreement; they received an assurance you wouldn't persue them through the courts at any time in the future and you received a cash amount for agreeing not to do so. As 'consideration' was received and given by both parties, the agreement is considered a binding agreement, or contract. In only rare circumstances will a court agree to ignore the contract and, by your description, I don't think you have any merit for a duress ruling.
Further, taking the employer to court will do little other than cost you attorney fees. In all civil cases, a pre-trial hearing is held between the parties and the court judge. By your description, it is likely that your case would fail in summary judgement. Further, your former employer, depending on their revenge levels, may file a counter suit and ask for summary judgement against you. In such cases, they may receive a summary judgement against you for the amount paid to you as severence as well as their attorney fees. My best advice, move on.
2007-01-25 06:05:52 · answer #2 · answered by merlins_new_apprentice 3 · 0⤊ 0⤋
If they made you sign under undue influence (boss-employee pressure), then you can sue still. Undue fiduciary influence makes contracts invalid. But if you willingly agreed to it then no, you can't sue. Now, if they haven't paid you what they said they would within the time they said they would, then they've breached contract and you can sue for the amount they agreed. Plus, if you NEED that money, you could additionally sue for emotional damages based on the fact that you could not find other employment and relied on that for survival. (Otherwise, if you sue for emotional damages for any other reason, the courts most likely won't support you on it.)
2007-01-25 05:31:41 · answer #3 · answered by Twig 1 · 0⤊ 0⤋
i'm a landlord myself!!! settlement, settlement!!! If there is not any written settlement and your specific approximately that then NO!!! Your large! it is your word against hers. So what if she has evidence of you depositing money into her account. You have been staying there quickly and you have been procuring the time which you stayed. there is not any longer something incorrect with that. Now your performed staying there and you're leaving! that's your tale!!! do no longer provide 30 day be conscious the two, she might have the locks replaced and save your house. sure, you will unfastened the deposit, yet a minimum of your sparkling and unfastened. do only no longer trash the region reason she will use that against you. Take p.c.. once you leave, verify place is sparkling and rfile each and every thing!!!!! Conversations and so on. She might get sneaky! You in no way understand if she trashes the region and places the blame on you. i understand ruthless!!! additionally circulate to your interior sight county website and notice if she registered her living house as a condominium! If she did no longer properly that's unlawful on her area. And maximum possibly she's no longer paying taxes on the valuables the two as a condominium. truthfully no longer paying condominium tax, and claiming it. that's additionally a huge no, no!!! you will be able to desire to apply that to her besides. yet confirm you have evidence on that. I assure that she would be able to allow you leave quietly for worry you reporting her of no longer claiming sources as a condominium!! in many situations, people like that attempt to easily pocket the money quietly!! solid success!!
2016-12-16 13:23:02 · answer #4 · answered by ? 4 · 0⤊ 0⤋
depends on the laws of the particular state you're in as well as the wording in the agreement. I knew a labor lawyer once who said he could probably get past that aspect if we went forward with sueing for wrongful termination, but no guarantee.
2007-01-25 05:33:26 · answer #5 · answered by jim06744 5 · 0⤊ 0⤋
Filing suit is no assurance of a win. Falsely agreeing to something is a sure way to loose a law suite. You may sue, I doubt that you will win.
2007-01-25 05:04:23 · answer #6 · answered by whatevit 5 · 1⤊ 0⤋
you can sue.. you may be able to prove you signed the agreement under duress
2007-01-25 05:05:07 · answer #7 · answered by Robert P 6 · 0⤊ 0⤋
Most lawyers will argue that you were forced or coerced into signing. It's fairly simple.
2007-01-25 05:08:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋