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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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If someone is granted a monetary settlement agreement (in

Customer Question

If someone is granted a monetary settlement agreement (in exchange for giving up the right to sue) and if the monetary settlement agreement states that the complainant can not disclose the settlement or any terms of the settlement to anyone else ( except to spouse, tax accountants, EEO officials, military officials and except for federal government job screening purpose) and that if the agreement is breached, then the complainant will need to pay the monetary amount back and not be able to reinstate the EEO complaint, my question is can the complainant choose to nullify the agreement?2) If the complainant makes enough money in future and chooses to nullify the agreement and pay the monetary settlement amount back, can the complainant pursue legal action on the original legal claim?3) Is the other party required to accept the cancellation of the agreement if one party chooses to nullify the agreement?4) Can the military sue the complainant for breaching the confidentiality of the agreement?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

1) and 2) No, the agreement is final once signed and can thereafter be retracted if money is paid back unless such term is negotiated in the agreement.

3) The agreement cannot be unilaterally cancelled after accepted. A unilateral cancellation would be a breach of contract unless justified.

4) Yes, assuming that is the other party to the agreement.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 1 year ago.
If in the agreement, it says it can be disclosed to spouse, tax accountant, federal job screening purposes, EEO official, etc. If it does not say attorney can be disclosed to, if the current attorney is unavailable for whatever reason and another attorney is needed in future, it means it will be a breach of confidentality if the agreement is showed to another attorney? If so, it seems like the complainant has no rights whatsoever to get legal advice?
Expert:  Attorney2020 replied 1 year ago.

You should be able to speak with your attorney about the confidentiality agreement and that term would likely be unenforceable as unconscionable if it precluded you from seeking legal counsel.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 1 year ago.

You skipped crediting me for my time.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.