QUESTION

Is it legal for a previous employer to have a law firm demand a settlement you did not agree upon?

Asked on Feb 20th, 2013 on Labor and Employment - North Carolina
More details to this question:
Is it legal for a previous employer to have a law firm demand a settlement you did not agree upon?
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6 ANSWERS

Bruce A. Coane
Generally, theres no law that prohibits that.
Answered on Feb 25th, 2013 at 1:19 PM

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The law firm may demand anything they wish. A demand is nothing more than a request. Must you comply with their wishes? I do not know. You did not give me enough facts to answer.
Answered on Feb 25th, 2013 at 1:18 PM

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Law Practice Mgmt & Technology Attorney serving San Jose, CA
Partner at Peck-Law
1 Award
It really depends on the circumstances underlying the demand, but in general, you are not bound to terms of an agreement you did not make or as to which you did not accept benefits. However, if (for example) you accepted severance benefits notwithstanding that you did not actually sign a proposed severance or release agreement, there may be an argument from your former employee that by accepting the benefits of the agreement, you tacitly agreed to the terms accompanying your acceptance of those benefits. Again, your individual circumstances will dictate your obligations in the matter. You would be well served to contact an attorney to consult with you about the communication from your former employer and about your duties, obligations, or potential liability- if any- particularly, if you are receiving communications and demand for performance from their attorneys.
Answered on Feb 25th, 2013 at 1:18 PM

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Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
If the settlement was not signed/agreed upon, the lawyer will not prevail.
Answered on Feb 25th, 2013 at 1:18 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The employer can demand whatever it wants. It isnt a settlement until you agree. So yes, it is legal for the employer to ask for it.
Answered on Feb 25th, 2013 at 1:17 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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You need to speak to an employment attorney in your area. Unfortunately, we do not have enough facts to give you a proper answer.
Answered on Feb 25th, 2013 at 1:17 PM

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