Legal Question in Employment Law in California

Re: settlement offered with restrictions

if you would like to tell us more details about the offer pending, we would be able to better assist you legally here. if you would like a free phone consultation for efficiency purposes, email us directly with your contact information today.

Re: settlement offered with restrictions

I can't tell from your post whether you were fired or made some other claim of discrimination or harassment. Typically, in the lawsuit setting, if someone has been fired from a job, part of the settlement is an agreement never to work for the company again, in exchange for some kind of compensation.

Re: settlement offered with restrictions

You've answered your own question -- if it's not fair don't take it -- the DFEH (as well as the Labor Commissioner) is a government agency which is overworked, under-staffed, and, in many cases, staffed with people who try to strike a balance which, too often, favors the employer -- meaning you get less money than you would in a lawsuit. If the employer is offering money now, that same employer will offer money later -- if they want you to give up your job, they better pay you for it. (This is without knowing the details of your case.) Don't sell out quickly; if you do, it will probably be too cheaply. The flip side for you is do you really want to work for an employer that you've sued, or are suing? You can, and people have sued their employer, obtained a settlement or a court verdict and continued working there. You're up against attorneys on this, and without your own, you are not in a good negotiating position. There are a bunch of good employment attorneys -- along with a heck of a lot of information about employment law in CA at www.celaweb.org. Good luck.

Re: settlement offered with restrictions

This is not an unusual condition, however, I have represented clients that remained with their employer, especially if state/fed/muni employer, however, may be difficult for all involved. You can sue instead of using DFEH

Re: settlement offered with restrictions

Retrictions are frequently part of negotiated settlements. YOu don't have to accept the settlement, but should discuss the facts with an experienced attorney before deciding. If your case has enough value for a settlement, it may have enough to interest an attorney in bringing suit. Contact me if interested in discussing.