Legal Question in Employment Law in California

I have settled out of court with my former employer. My employer sent me a settlement promising a settlement amount by a certain date. I counteroffered by requesting a settlement that includes a schedule which increases the settlement offer after each month. We signed an agreement, which states the amounts employer will pay after 40 days, 70 days, and 100 days. The settlement does not specify a date in which employer has to pay, just a payment schedule specifying the amount the settlement is worth after 40, 70 and 100 days. I reviewed the previous draft of the settlement and it does state a date my employer has to pay the settlement amount. I now have two settlements, one with a payment schedule but no due date, and a previous signed agreement with a lower settlement amount but a promise to pay by date. Which agreement is valid? Both are signed documents and neither settlement states that it is an amendment to the other settlement?


Asked on 4/03/12, 5:46 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

From what you say, there is only one settlement, the second document, because you never signed the first one so there was no settlement as you did not accept it. The terms of the second document apply and the employer has a "reasonable" period of time to pay, but at least 100 days. You need to contact him as to establishing a final payment date.

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Answered on 4/03/12, 8:15 pm


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