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Fried Meat Ball!
05-25-2009, 12:19 PM
I'm in the middle of settling an employment breach of contract lawsuit - we've agreed upon a dollar amount, and both of us have agreed to sign a statement freeing each other of any and all claims and liability up until now.

They have indicated they don't want to pay us the entire amount until they receive proof the suit has been dropped, but if I drop the suit with prejudice that means I can't re-file the suit... so I'm not very comfortable doing that with only partial payment since I'd have little recourse.

Is is common practice to get the money up front?

And would anyone be willing to give any free advice on how to write the specifications we're looking for? I need to make sure we're only releasing them from claims mentioned within our suit, and that we're not releasing them from claims in the future if someone falls or something on their property.

Mr. Flopnuts
05-25-2009, 12:29 PM
I'm no attorney but I would think that a contract would be signed stating that the suit will be dropped upon payment in full of the agreed upon amount.

StcChief
05-25-2009, 12:30 PM
yep. show up with the paperwork, they bring the cashier check.... any returned NSF check voids contract.

seclark
05-25-2009, 12:57 PM
don't trust them til the money's in your hand.
sec

patteeu
05-25-2009, 01:38 PM
A signed agreement saying that both sides will drop all claims in return for the payment that they've promised you should be more than enough protection for them. Don't drop the suit until you've been paid. Unless we're talking about a trivial amount of money, you should really have a lawyer at least for the purpose of reviewing the agreement you're going to sign (and for answering a question like this).

Fried Meat Ball!
05-25-2009, 02:22 PM
A signed agreement saying that both sides will drop all claims in return for the payment that they've promised you should be more than enough protection for them. Don't drop the suit until you've been paid. Unless we're talking about a trivial amount of money, you should really have a lawyer at least for the purpose of reviewing the agreement you're going to sign (and for answering a question like this).

It's not a ton of money - it's a small claims case - but I just don't trust them. If they'd have done what was right in the first place it wouldn't have gone to court to begin with.

patteeu
05-25-2009, 02:40 PM
It's not a ton of money - it's a small claims case - but I just don't trust them. If they'd have done what was right in the first place it wouldn't have gone to court to begin with.

In that case, it's probably not worth getting a lawyer. Sign an agreement to withdraw your claim as soon as you get paid, but don't withdraw it until after you've been paid in full.

Comanche
05-25-2009, 02:47 PM
It's not a ton of money - it's a small claims case - but I just don't trust them. If they'd have done what was right in the first place it wouldn't have gone to court to begin with.

Carefully read any fine print included on the back of the check. Many times settlement checks include contractual language, written by their attorneys, committing you to certain terms once you sign and cash the check.

Bwana
05-25-2009, 02:52 PM
Sign an agreement to withdraw your claim as soon as you get paid, but don't withdraw it until after you've been paid in full.

THIS

Bwana
05-25-2009, 02:52 PM
Carefully read any fine print included on the back of the check. Many times settlement checks include contractual language, written by their attorneys, committing you to certain terms once you sign and cash the check.

AND THIS

EyePod
05-25-2009, 03:54 PM
How much would it be to just have them offed?

banyon
05-25-2009, 06:55 PM
Typically, I had both parties sign a release of all claims and used myself or the other attorney as bailee of the money until the agreement was signed by both parties.

But I wouldn't fret so much about it. It's not as if the Court will enforce a contract that states "I release my claim upon payment of x$" when the paying party hasn't actually paid x$. But if they're weasel-ly, then I would meet them to sign so there is no confusion and you don't have to sue them to get the other half of the money.