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Settlement letter - unjust dismissal compliant

  • Last Updated:
  • Sep 17th, 2021 8:40 pm
[OP]
Newbie
Sep 13, 2021
7 posts
1 upvote

Settlement letter - unjust dismissal compliant

Hi there

I was involved in an unjust dismissal complaint and now the employer produced a settlement offer

My lawyer seems to be interested in settling quickly so push me to sign.

There is a clause saying that upon signing I can’t discuss with anyone about the matter leading him to the settlement.

Prior to the settlement negotiation, I had a public court case with a decision from federal court. Which was a prerequisite for this settlement.

Does that mean I can’t talk about the public decision anymore either if I sign?

I am hesitant to sign, but the other party put a deadline on the offer to expire tomorrow and my lawyer pushes me

Any suggestion is appreciated

Thank you
17 replies
Deal Fanatic
Jan 21, 2018
5127 posts
5256 upvotes
Vancouver
Non-disclosure is a routine term in settlement offers. It's not usually rigorously enforced, it's just to make sure you won't embarrass the company by publicizing it or cause trouble by discussing it with other employees.

If you have a lawyer advising you, you should take their advice unless there's some reason why it doesn't make sense to you. Yes, your lawyer would like to get paid sooner if they are getting a contingency cut, but they are required by law to give you fair advice in your interest only, and they are more likely to be experienced in the area of employment matters and more impartial in their judgement than you can be.
Deal Expert
User avatar
Jul 30, 2007
30057 posts
16066 upvotes
Toronto
I wonder ... Are you actually looking for a much larger settlement ? Like double or triple of what you are being offered for ?
Deal Guru
User avatar
Mar 23, 2008
12664 posts
9273 upvotes
Edmonton
Septemberrain wrote: Hi there

I was involved in an unjust dismissal complaint and now the employer produced a settlement offer

My lawyer seems to be interested in settling quickly so push me to sign.

There is a clause saying that upon signing I can’t discuss with anyone about the matter leading him to the settlement.

Prior to the settlement negotiation, I had a public court case with a decision from federal court. Which was a prerequisite for this settlement.

Does that mean I can’t talk about the public decision anymore either if I sign?

I am hesitant to sign, but the other party put a deadline on the offer to expire tomorrow and my lawyer pushes me

Any suggestion is appreciated

Thank you
Nobody here has any idea what the background story is, what kind of deal you were offered, or anything else useful to your case. Your lawyer has all that. Plus they're getting paid to give you advice. Do you really want to override their advice based on input from anonymous users on a coupon clipping website?

C
[OP]
Newbie
Sep 13, 2021
7 posts
1 upvote
I think there is wisdom in the public out there, nothing specific though

I feel the lawyer only cares about the fee to him, is anything goes wrong I will still need to go through headache

And it is so stressful
[OP]
Newbie
Sep 13, 2021
7 posts
1 upvote
Not really but I am so scared about signing something I shouldn’t have will cause future troubles thanks for the concern
Deal Fanatic
Mar 21, 2010
6083 posts
2947 upvotes
Toronto
Septemberrain wrote: There is a clause saying that upon signing I can’t discuss with anyone about the matter leading him to the settlement.

Prior to the settlement negotiation, I had a public court case with a decision from federal court. Which was a prerequisite for this settlement.

Does that mean I can’t talk about the public decision anymore either if I sign?
Ask your lawyer that specific question. They may want you to sign, but they still have to answer relevant questions using their professional knowledge and experience. So, they can recommend you sign, but you can still ask them why, and about specific concerns you have.

Unfortunately, even if there are lawyers here, none of us have the full context or can even see what the document says, so no one can really give you a good answer.
Sr. Member
May 12, 2003
844 posts
266 upvotes
OP,

We obviously don't know the details, but, if you feel uncomfortable signing, may be best not to sign, because that feeling will never go away.

2: is the amount that much significantly different from the amount you asked?

3: Non disclosures are pretty standard, but are negotiable

4: your FEES to your lawyer, are they percentage based? If so, you can always negotatite a smaller percentage with the lawyer now, or go through the entire court process.
Deal Addict
Feb 25, 2007
1358 posts
815 upvotes
Ottawa
For better or worse, nondisclosure clauses are not at all unusual in employment law settlement offers. The employer wants the problem to go away and not come back to haunt them, reputationally or otherwise. More cynically, they may routinely be mistreating employees in a similar fashion, and not want word to get out how much they're settling for, or that they're settling at all.

Because they are not unusual, you can probably trust your lawyer as to whether the settlement offer is reasonable in this case, and whether such a clause is problematic in your instance. That is, if your goal is to act in your self-interest, get some money, and move on. You will then need to keep your mouth shut (within reason), but you probably will not care.

You may, of course, decide you want to be a knight in shining armour and want to make a point of publicly calling out the company's bad behaviour. That is likely less optimal from a pure self-interest point of view, but also depends on the strength of your case and the actual damages you have sustained. We can't help you with that, and it is here were your lawyer's interests may differ from yours.

[Disclaimer: I'm not a lawyer, etc.]
Deal Expert
User avatar
Dec 11, 2005
19392 posts
1946 upvotes
Do you want to be a hero by posting your case all over Facebook, or do you want compensation.

Remember that scene from Falcon & The Winter Soldier where they discuss how none of the Avengers made any money and they're broke? This is like that. You need to choose.
To be nobody but yourself - in a world which is doing its best, night and day, to make you everybody else - means to fight the hardest battle which any human being can fight; and never stop fighting. -- E. E. Cummings
[OP]
Newbie
Sep 13, 2021
7 posts
1 upvote
Thank you very much

A bit of update my lawyer withdraw after settlement and his legal fee is 30% based on contingency. So if the settlement gets revoked as part of the settlement if something goes wrong the agreement is voided l

In that case do you think his legal fee is forfeited or he may charge me hourly as the contingent agreement says if relationship terminated he can charge hourly that will be 100k plus

Any ideas? Thanks a lot
Sr. Member
May 12, 2003
844 posts
266 upvotes
You need to ask him that. We don't know what's in your contingency agreement with him.
Septemberrain wrote: Thank you very much

A bit of update my lawyer withdraw after settlement and his legal fee is 30% based on contingency. So if the settlement gets revoked as part of the settlement if something goes wrong the agreement is voided l

In that case do you think his legal fee is forfeited or he may charge me hourly as the contingent agreement says if relationship terminated he can charge hourly that will be 100k plus

Any ideas? Thanks a lot
Deal Addict
Aug 31, 2010
4853 posts
2881 upvotes
CNeufeld wrote: Do you really want to override their advice based on input from anonymous users on a coupon clipping website?
spit out my coffee, thank you!

I'm banking this one to use, sometime..

OP: No one here can reasonably answer your questions. These are questions for your (or different) lawyer.
Deal Addict
Jan 29, 2017
2993 posts
1938 upvotes
We can provide advice but will need another 30% contingency. Smiling Face With Open Mouth
Deal Addict
Sep 14, 2012
1856 posts
1331 upvotes
Montreal, QC
Septemberrain wrote: Thank you very much

A bit of update my lawyer withdraw after settlement and his legal fee is 30% based on contingency. So if the settlement gets revoked as part of the settlement if something goes wrong the agreement is voided l

In that case do you think his legal fee is forfeited or he may charge me hourly as the contingent agreement says if relationship terminated he can charge hourly that will be 100k plus

Any ideas? Thanks a lot
Look at your contract. It is all detailed there.

I don't know what is written in your contract with your lawyer but generally there is a price if "you lose" and another price (which is often based on percentage) if you "win". The contract is written where the lawyer gets the higher amount. The lawyer gets paid whether you win or lose for the work that he/she did for you in either giving you advice or representing you.
[OP]
Newbie
Sep 13, 2021
7 posts
1 upvote
That distinguishes who had the experience vs not

I wish I didn’t have to

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