Legal Question in Civil Litigation in Indiana

Settlement Agreement

Former employer terminated me based on medical disability. They settled out of court and we both signed a Settlement Agreement. Employer is to tell reference checks that I (1) left voluntarily and (2) am eligible for rehire. I have discovered over the past 14 mos. that they have been breaching our agreement, hence I have been unable to find work as they are telling people I was terminated and am not a candidate for re-hire. I have had good interviews, but when references are checked, potential employers are getting negative responses in violation of our agreement. What is my legal recourse? The Agreement was signed while I was still a resident of Indiana. I now reside in Illinois, but am having the same problem.


Asked on 1/04/08, 2:45 pm

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Settlement Agreement

Your legal recourse is to sue the former employer and also to send a cease and desist letter. You did not mention where the former employer is located. I am licensed in both states and would be happy to discuss this in more detail as I do have a number of questions.

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Answered on 1/04/08, 2:52 pm
Nima Taradji Taradji Law Offices

Re: Settlement Agreement

First, I trust you have solid evidence supporting what you allege. That is, not only what you have heard, but perhaps independent witnesses who can testify to that and even a recording of sorts..

Without solid evidence your case will not go far.

Assuming you do have solid evidence, then you must 1) send a letter demanding that they stop doing what they are doing; and 2) immediately file a lawsuit.

Here you still have an issue-what are your damages? Can any of the potential employers testify that but for the negative references from the defendants they would have hired you? If you cannot show damages, your case won't go far either. Hunches and conjecture won't do--you must again have solid evidence - perhaps an affidavit from one or two of the places where you interviewed.

If you cannot show damages, then you should simply send a demand letter for the defendants to stop what they are doing or else...

All the above is true whether you file your suit here in Illinois or in Indiana.

I hope this helps,

Taradji Law Offices

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Answered on 1/04/08, 3:23 pm
John Steele Steele Law Firm

Re: Settlement Agreement

Well, you need to get proof they are doing that. Then you need to bring that proof to an attorney to sue that company. Our firm does handle such cases on contingency (no cost to you) but we would have to get some more facts from you.

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Answered on 1/04/08, 3:28 pm


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