Settlement Agreement not fulfilled by former employer

UPDATED: Oct 1, 2022

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Settlement Agreement not fulfilled by former employer

I won a case through the Labor Commission with an employer who failed to pay me on time. My former employer decided to appeal the case and shortly after appealing contacted me to settle. I negotiated and signed a Settlement Agreement and Waiver of Claims. On this form it states that they would deliver the settlement to me no later than 10 Days. The 10 days has passed and they failed

to pay me What can I do next? Does this make the Settlement I signed void? Can I still take them to court?

Asked on February 1, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You could sue your employer for breach of contract, to enforce the terms of the settlement agreement and get the money owed to you--the settlement is a contract, and its terms are enforceable in court.
Alternately, their failure to pay, as a material (or significant) breach of contract would let you treat the settlement as terminated by their breach, ignore its terms, and sue them the same as you would had you not entered into a settlement at all. 
You have the option to sue to enforce the agreement or to treat it as terminated.
The lawsuit to enforce the terms of the settlment is a quicker, easier, simpler one--all you have to show in court is the terms of the agreement and you have not been paid as per it. It is very straightforward.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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