Legal Question in Employment Law in California

Through the lawyer my employer is settling an agreement with me which requires me to take off the claim for benefits from EDD. I do not want to do that. Can I use the settlement agreement as evidence at the appeal hearing, although the agreement is confidential?


Asked on 3/31/10, 4:52 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you do not like the terms of the offered agreement don't sign it.

Generally, offers of settlement are not admissible as evidence, but the rules of evidence are relaxed in unemployment appeals hearings, so an ALJ may allow it for whatever limited use it may have. Offers to settle are not admissions of wrongdoing, so you will not be able to use it for that.

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Answered on 4/05/10, 5:06 pm


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