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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i am in the process of settling a lawsuit i filed against a

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i am in the process of settling a lawsuit i filed against a company i still currently work for ( a retaliation lawsuit) in the settle agreement it states that i will agree to basically terminate my employee / employer relationship with said company. isnt that another form of retaliation ???

also i am not agreeing to that.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, it is not retaliation. It is simply a request that as a condition fo settlement, you agree that both parties will no longer work with one another, it is essentially a request that both agree to sever their working relationship if any. That is not retaliatory since both parties, unless it violates the law, can agree to not work together in any fashion.

Good luck.

Customer: replied 3 years ago.

ok so if i decline that part of the request and we fail to settle it due to that provision could the court look at it possibly as a retaliation. bc prior to the lawsuit being filed i was able to work and not terminated from the job.

Thank you for your follow-up, Luther.

If you decline and it fails, it will not be looked upon as retaliation. Settlement offer positions are forbidden from being brought up in court as evidence of wrong-doing or evidence of some sort of additional claim. Plus, it is a fairly reasonable and a common-sense settlement condition--since you sued the company already, even if it was completely justified, the company may no longer wish to do anything with you purely because you ended up being so costly to them. Such a request is not unreasonable or any sort of a violation, the courts would not look upon it as some sort of a claim against your rights.

Good luck.

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