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Announcement Provisions in Litigation Settlement Agreements

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Multi-State
Control #:
US-ND1405
Format:
Word; 
PDF
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Description

This form provides boilerplate contract clauses that outline the restrictions and procedures with regard to public announcements for litigation settlement agreements. Several different language options representing various procedures and levels of restriction are included to suit individual needs and circumstances.

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FAQ

A Settlement Agreement (formerly known as a Compromise Agreement) is a legally binding agreement between you and your employer. This usually provides for a severance payment by the employer in return for your agreement not to pursue any claims in a Tribunal or a Court.

Key Obligations. Also called the terms of settlement, these include who will pay or do what, and what will happen after the payment is made or the actions completed. They should include details like a payment deadline. Release. Parties agree to release each other from all future claims, demands and actions.

Lawyers call an agreement to settle a dispute a "release," because in exchange for some act (often the payment of money), one person gives up (or releases) his or her claim against another.

Explain to the employee that you are proposing to offer them a settlement with a view to ending their employment amicably. Tell them any financial settlement you are proposing and also explain any other elements of the offer which are relevant, such as a reference, or no requirement for them to work out their notice.

The agreement should list the rights, claims, obligations, or interests that will be released in the settlement as well as any claims or obligations that are not part of the settlement.

Unless you have already have another job to go to, it is not easy to ascertain how long you will be out of work, but as a general rule of thumb, a payment equivalent to six month's salary is considered to be a good settlement.

An offer. This is what one party proposes to do, pay, etc. Acceptance. Valid consideration. Mutual assent. A legal purpose. A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.

Some people wonder if they can save even more by money by writing their own settlement agreement and not seeking the help of a divorce attorney at all. While there is no legal requirement that you have a lawyer draft your settlement agreement, it is certainly a good idea to do so.

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Announcement Provisions in Litigation Settlement Agreements